Advice about complaining about a TDS adjudication

PrincessFiona

Anyone know if there is any mechanism for complaining about a TDS adjudication? Apparently it is ok for my last tenants to paint the living room walls a reddish brown and 2 bedroom walls blue without asking permission and without returning them to magnolia after. TDS only awarded me 1/3 the cost to repraint them for the next tenant.

DaveMehmet

I knew someone who had an STD adjudicatiom.

PrincessFiona

That old one 'I knew someone'

golfaddick

Don't get me started on landlords & the TDS. I had recently finished renting a flat for 2 years & moved into my new (mortgaged) home.. Upon moving out I paid for a professional flat clean, but because the completion date changed at the last moment the cleaning date could not be moved & so it was done the day before I moved out. I was there for most of the 4 hours they were there & could not complain. Apart from not moving the sofa, and hovering 1 room which was full of boxes they did a decent job & you could smell that the carpets had been cleaned professionally.

3 days later I get a copy of the inventory etc to be told that the flat was left in such a mess that my deposit was going to be reduced by £350 as the flat had to be fully cleaned. On telling the letting agents that was way out of order & I would get the cleaning firm I used to go back I was told that it was too late & as new tenants had moved in the landlord had already paid for it to be cleaned. Therefore I could not argue how clean or dirty is was & the photos taken by the letting agents were taken by a phone camera & of not very good quality. I admit the sink could have been given another going over to make it look like new (but, having lived there for 2 years surely some wear & tear should be taken into account) and the living room carpet had another going over due to the sofa marks, I would have said no more than an hours work would be needed.

Needless to say I argued long & hard with the letting agents about how much deposit I should get back but in the end I had to admit defeat as it seemed that if I didn't agree I wouldn't see any of my deposit again. I did manage to get the deduction reduced from £350 to around £200 after threatening all sorts, but it seems that landlords & letting agents have it all their own way. It appears to me that landlords do not want to take any responsibility for their property & expect the place back looking like a brand new home, no matter how old it is..

McBobbin

A landlord tried that on us, but after we showed a receipt for the professional clean they backed down. Fact is, you are dreaming if you think you are getting the flat back as new

Leroy Ambrose

A previous landlord once tried that on with me. I left the flat much cleaner than when I rented it, and told him - literally, to his face, to fuck off when he tried to sting me for charges to the tune of 200 quid after moving out - offered to take him to court. He backed down or gave up - never heard from him again. Make sure you have evidence beforw doing this though

PrincessFiona

GA, did it go to TDS though? I have also been a tenant and was told by the Check Out report people I had left it in even better condition than when we moved in. When we moved in it was new and we were the first tenants. I employed a cleaner who did about 50% and I did 50%. I had to go to thorough the DPS scheme about one item as the agent tired to scam us (DO NOT EVER GO TO/USE OLIVER BOND!) but eventually we got 100% of our deposit back. So I have seen it from both sides

PrincessFiona

I was not expecting my flat back as new, but the walls in the same neutral colour!

Addick Addict

How the Royal Family have suffered. A Princess in a common flat. Whatever next?

nth_london_addick

PrincessFiona said:

Anyone know if there is any mechanism for complaining about a TDS adjudication? Apparently it is ok for my last tenants to paint the living room walls a reddish brown and 2 bedroom walls blue without asking permission and without returning them to magnolia after. TDS only awarded me 1/3 the cost to repraint them for the next tenant.

In your tenancy Contract that you supplied to them did it state they had to request permission to paint the internal walls

If you did, then did it say they had to return it to your previous colour

The only reason. I ask is that I have rented three properties and have re decorated to my own tastes, never once did I receive a contract stating I had to pay for any redecoration unless it was for wilful and intended damage

PrincessFiona

The TDS aknowledged they should have sought permission but said the landlord should not benefit as it was reasonable colours. Which I don't think it was as it was neutral before and nthey used a red/brown and blue

PrincessFiona

I'm trying to find out if there is a mechanism to appeal the TDS decision as they say there decision is final

nth_london_addick

Although it recognised they should have sought, it's a bout one step away from saying they were liable for the issues,

I don't think it's one you will win tbh, you probably would have to prove they the TDS acted improperly by reaching the decision they did and unless you had it in writing stating the requirements to any decorative adjustments during tenancy and putting them Back to your original colour and state

PrincessFiona

Yep, not sure there is a way to appeal the TDS decision coz I think it's unfair I have had to shell out to return it to what it was. I can understand it if the couture were a bit more reasonable or closer to the original or if it was strong colours and they painted the walls magnolia which is a widely accepted colour in rented property.

nth_london_addick

I'd add it in to your next tenancy agreement and get them to really understand at the outset,

rikofold

golfaddick said:

Don't get me started on landlords & the TDS. I had recently finished renting a flat for 2 years & moved into my new (mortgaged) home.. Upon moving out I paid for a professional flat clean, but because the completion date changed at the last moment the cleaning date could not be moved & so it was done the day before I moved out. I was there for most of the 4 hours they were there & could not complain. Apart from not moving the sofa, and hovering 1 room which was full of boxes they did a decent job & you could smell that the carpets had been cleaned professionally.

3 days later I get a copy of the inventory etc to be told that the flat was left in such a mess that my deposit was going to be reduced by £350 as the flat had to be fully cleaned. On telling the letting agents that was way out of order & I would get the cleaning firm I used to go back I was told that it was too late & as new tenants had moved in the landlord had already paid for it to be cleaned. Therefore I could not argue how clean or dirty is was & the photos taken by the letting agents were taken by a phone camera & of not very good quality. I admit the sink could have been given another going over to make it look like new (but, having lived there for 2 years surely some wear & tear should be taken into account) and the living room carpet had another going over due to the sofa marks, I would have said no more than an hours work would be needed.

Needless to say I argued long & hard with the letting agents about how much deposit I should get back but in the end I had to admit defeat as it seemed that if I didn't agree I wouldn't see any of my deposit again. I did manage to get the deduction reduced from £350 to around £200 after threatening all sorts, but it seems that landlords & letting agents have it all their own way. It appears to me that landlords do not want to take any responsibility for their property & expect the place back looking like a brand new home, no matter how old it is..

You made a mistake there. They can only withhold the amount in dispute, they have to release the rest. Also, wear and tear has to be taken into account. There is an independent arbiter I believe but there's always the small claims court I guess if you're not satisfied.

PrincessFiona

How do you take it to the independent arbiter?