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By (user no longer on site) OP   
over a year ago

I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

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By (user no longer on site)
over a year ago

I am exactly in the same situation, right now !

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By (user no longer on site)
over a year ago

I find it's usually best to read the landlord and tenants act. You should the find out what they are able to withhold it for in clear terms under UK law.

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By (user no longer on site)
over a year ago

A colleague in work had a nightmare with his ex landlord and their agents trying to keep the bond and making out already established faults were due to him. Luckily my colleague had taken pics of the property when given the keys (dated and time stamped) and they got back most of their deposit bar £50 for repainting the stairwell.

It's really common he said, which is why he'd started taking the pics.

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By (user no longer on site) OP   
over a year ago


"I am exactly in the same situation, right now ! "

It's more of a general question. I was wondering how common it is to win disputes with landlords in the TDS

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?"

I have - I rented through an estate agent but the argument was with the landlord and I won every penny back.

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By (user no longer on site) OP   
over a year ago


"A colleague in work had a nightmare with his ex landlord and their agents trying to keep the bond and making out already established faults were due to him. Luckily my colleague had taken pics of the property when given the keys (dated and time stamped) and they got back most of their deposit bar £50 for repainting the stairwell.

It's really common he said, which is why he'd started taking the pics."

Pictures seem like a smart idea. I will note for the future

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By *elvet RopeMan
over a year ago

by the big field

I last rented before the new regs came in, knowing how shoddy my landlord and agent were I just told them I was leaving, didn't pay the last month in rent and told them to keep the deposit in payment and told them to piss off when they asked for my new address- never heard a word from them

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By (user no longer on site)
over a year ago


"I am exactly in the same situation, right now !

It's more of a general question. I was wondering how common it is to win disputes with landlords in the TDS "

I'll read this thread with interest then !

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By *ime for me21Man
over a year ago

skeg

Having the same issue. My landlords wife is pushing for him to keep all of my deposit. She's a bitch

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By *ime for me21Man
over a year ago

skeg

Lucky for me the was a tenancy checkin service that took pictures of the place before I moved in and moved out. So hope it will help

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By (user no longer on site) OP   
over a year ago


"Lucky for me the was a tenancy checkin service that took pictures of the place before I moved in and moved out. So hope it will help"

Good luck

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By *ime for me21Man
over a year ago

skeg


"Lucky for me the was a tenancy checkin service that took pictures of the place before I moved in and moved out. So hope it will help

Good luck "

Thanks x

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By *ananas57Couple
over a year ago

lake ariel

I run a property management company in the states, we take pics before we let the property & you should to. Most of my business is commercial so usually no refund

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By (user no longer on site) OP   
over a year ago


"I run a property management company in the states, we take pics before we let the property & you should to. Most of my business is commercial so usually no refund"

I never had problems with my security deposit in the US. I usually had my own home, but when I did rent it was simple.

In the UK I've had nothing but difficulties with estate agents. When I've rented with private landlords (as opposed to estate agents) here I've also had no problems.

So I was just wondering whether it was a larger trend. I like seeing trends and correlations. Though I get that it's all anecdotal.

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By (user no longer on site)
over a year ago

I've done private renting with an estate agent and with the landlords directly. Never had any trouble. All defects were listed before I moved in, we both walked around the property and had the defects pointed out to me, I observed no extra issues and then we both signed. Always had my deposit paid back to me. My current landlords are fantastic. They've resently offered me first refusal to buy this house off them. Obviously I said yes

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By *ust RachelTV/TS
over a year ago

Horsham


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?"

Yes, you have to document everything that happens. Still had deductions, but nothing serious.

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By *inky-MinxWoman
over a year ago

Grantham

I rent at the moment. Thought I would hate it but I like the sense of freedom that I could up and leave after notice.

The tenancy agreement I was given includes pictures of everything so I think the agent did their job properly on that front.

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By (user no longer on site) OP   
over a year ago


"I rent at the moment. Thought I would hate it but I like the sense of freedom that I could up and leave after notice.

The tenancy agreement I was given includes pictures of everything so I think the agent did their job properly on that front."

Yes, each agent I've used takes pictures....but it doesn't stop them deducting for stuff they shouldn't

I fight it, obviously

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By (user no longer on site) OP   
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

I have - I rented through an estate agent but the argument was with the landlord and I won every penny back. "

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By *orwegian BlueMan
over a year ago

Iceland, but Aldi is closer..

It's always a good idea for both parties to photograph the property at the point of contact.. Photograph with all of you present is a good idea too to prove the date is true..

I can see from both sides.. There are bad tenants and bad landlords..

Spose as long as your landlord isn't like Alexi Style in.the young ones all should be ok.

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By (user no longer on site)
over a year ago


"I am exactly in the same situation, right now !

It's more of a general question. I was wondering how common it is to win disputes with landlords in the TDS "

Never had to myself but i nearly everyone i know who has disputed has won.

Usualy its unreasonable cleaning costs.

(Dont forget to take pics when you move in but when yoi move out too)

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By *riskynriskyCouple
over a year ago

Essex.

Our tenant has just given us notice she is moving, so could be interesting. The house was brand new when she moved in, we will have to wait and see what condition it is in...

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

I have - I rented through an estate agent but the argument was with the landlord and I won every penny back.

"

The scheme is bias towards the renter not the landlord mostly.

They will ahve to justify/prove any costs they claim which they van rarely do

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

I have - I rented through an estate agent but the argument was with the landlord and I won every penny back.

The scheme is bias towards the renter not the landlord mostly.

They will ahve to justify/prove any costs they claim which they van rarely do"

We have disputed it and won, the landlord was a complete charlatan who basically lied. However such people are usually rubbish with their paperwork whilst we had email after email to prove our case.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?"

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

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By *ty31Man
over a year ago

NW London

Sort of. I was renting a flat thru an estate agent (who was crap and unhelpful) from a crap landlord who I found out hadn't protected the deposit as they are legally obliged to and was potentially going to lose the flat for neglecting to pay the service charges.

I decided not to pay the last two months rent and did a moonlight flit.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back "

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

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By (user no longer on site) OP   
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist"

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord.

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By (user no longer on site)
over a year ago

My old landlord tried to keep some of my deposit last year. It went through the proper channels and of course I won!!!

Take good care to have an inventory and pics before you move in. Make sure you go through the inventory with a fine tooth comb and mark anything you notice that isn't on there.

Make sure they produce receipts for cleaning before you took over the tenancy and make sure you produce some at the end of the tenancy.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back "

There was one time I didn't get it back.

I'd moved into a shared house with a bunch of morons and for whatever reason none of us paid a single utility bill for the whole year. The bill would have been more than the bond so I just walked out and never said anything to the agent.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord."

Noooo!

Legally speaking it is your deposit until the landlord proves otherwise.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord."

If it's the landlord that is requesting that the deposit be retained by them, then the burden of proof is on them and not the tenant. It's their word against yours and they have to prove it!!!

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By (user no longer on site) OP   
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord.

Noooo!

Legally speaking it is your deposit until the landlord proves otherwise. "

I know that's legally speaking, but what I meant is that the burden of producing evidence is heavy - especially if you are an avergae person who isn't good at keeping records.

In the US I would just have a discussion with the landlord, but a small can of white paint to the wall and everything was done. Here I have full binders of paperwork and evidence for when I am inevitably challenged on my deposit.

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By (user no longer on site) OP   
over a year ago

Wow my typos are shocking this morning

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord.

Noooo!

Legally speaking it is your deposit until the landlord proves otherwise.

I know that's legally speaking, but what I meant is that the burden of producing evidence is heavy - especially if you are an avergae person who isn't good at keeping records.

In the US I would just have a discussion with the landlord, but a small can of white paint to the wall and everything was done. Here I have full binders of paperwork and evidence for when I am inevitably challenged on my deposit. "

OK, in our case the landlord demanded hundreds of pounds to replace the flooring which he said we ruined by not cleaning it properly and leaving it wet.

All we had to do was show an email where we complained that he hadn't maintained the property properly, therefore the sink had flooded and it was hit fault. Now using his own logic, if water from cleaning could wreck the floor then overnight flooding definately would and therefore his credibility evapored and we won everything.

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By (user no longer on site)
over a year ago

[Removed by poster at 13/07/16 10:24:27]

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By (user no longer on site)
over a year ago


"Wow my typos are shocking this morning "

I just thought that was 'American-English'

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By (user no longer on site) OP   
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord.

Noooo!

Legally speaking it is your deposit until the landlord proves otherwise.

I know that's legally speaking, but what I meant is that the burden of producing evidence is heavy - especially if you are an avergae person who isn't good at keeping records.

In the US I would just have a discussion with the landlord, but a small can of white paint to the wall and everything was done. Here I have full binders of paperwork and evidence for when I am inevitably challenged on my deposit.

OK, in our case the landlord demanded hundreds of pounds to replace the flooring which he said we ruined by not cleaning it properly and leaving it wet.

All we had to do was show an email where we complained that he hadn't maintained the property properly, therefore the sink had flooded and it was hit fault. Now using his own logic, if water from cleaning could wreck the floor then overnight flooding definately would and therefore his credibility evapored and we won everything. "

Ok, here's an example...

The first place I rented here was newly redone - including new carpets. At the end of the tenancy we had to have the carpets professionally cleaned because we have dogs. The tenancy agreement stated that a receipt would have to be produced.

Along comes the end of the tenancy. I arrange for a professional carpet cleaning at £200. When the guy comes he tells me the carpets aren't tacked down to the floor as they should have been when installed. This will impede the cleaning. I called the estate agents to determine what they wanted done. They said to have them cleaned regardless of them not being secured propey. So I proceded.

We then do the check out inventory. We are given the all clear. Before the deposit is released new tenants move into the property. They complain about fur around the carpet edges (where the carpet wasn't secured to the floor). The estate agents have the carpets tacked down and re-cleaned at a cost of £200 and deduct the cleaning cost from our deposit.

I dispute it. I produce the relevant paperwork, including the receipt for the carpet cleaning and the original notification that no deductions would be made as it passed inspection.

I didn't have proof that the agents had told us to continue with the carpet clean regardless of the carpet not being tacked down because I had called them instead of emailing. The arbiter ruled against us.

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By (user no longer on site)
over a year ago


"I was thinking about this today...

Have any of you ever disputed deductions from your security deposit with the TDS and won the dispute? Was it with a private landlord or an estate agent?

My daugher rented a flat with her then boyfriend when they split up she moved back home so handed the keys back for the flat, she didn't get a penny back from her bond, the landlord actually said to her when she asked, not to be silly its a unwritten rule people don't get their bond back

Lol assume she wrote a single letter and got everything back in that case.

That unwritten rule isnwhy the deposit protection schemes exist

I think you're giving the DPS a bit too much credit. They do help secure deposits but I don't believe they are necessarily the most tenant friendly service. As someone notes above, paperwork and evidence are key and many people aren't good at keeping that in order throughout a tenancy. I think the burden of proof is on the tenant not the landlord.

Noooo!

Legally speaking it is your deposit until the landlord proves otherwise.

I know that's legally speaking, but what I meant is that the burden of producing evidence is heavy - especially if you are an avergae person who isn't good at keeping records.

In the US I would just have a discussion with the landlord, but a small can of white paint to the wall and everything was done. Here I have full binders of paperwork and evidence for when I am inevitably challenged on my deposit.

OK, in our case the landlord demanded hundreds of pounds to replace the flooring which he said we ruined by not cleaning it properly and leaving it wet.

All we had to do was show an email where we complained that he hadn't maintained the property properly, therefore the sink had flooded and it was hit fault. Now using his own logic, if water from cleaning could wreck the floor then overnight flooding definately would and therefore his credibility evapored and we won everything.

Ok, here's an example...

The first place I rented here was newly redone - including new carpets. At the end of the tenancy we had to have the carpets professionally cleaned because we have dogs. The tenancy agreement stated that a receipt would have to be produced.

Along comes the end of the tenancy. I arrange for a professional carpet cleaning at £200. When the guy comes he tells me the carpets aren't tacked down to the floor as they should have been when installed. This will impede the cleaning. I called the estate agents to determine what they wanted done. They said to have them cleaned regardless of them not being secured propey. So I proceded.

We then do the check out inventory. We are given the all clear. Before the deposit is released new tenants move into the property. They complain about fur around the carpet edges (where the carpet wasn't secured to the floor). The estate agents have the carpets tacked down and re-cleaned at a cost of £200 and deduct the cleaning cost from our deposit.

I dispute it. I produce the relevant paperwork, including the receipt for the carpet cleaning and the original notification that no deductions would be made as it passed inspection.

I didn't have proof that the agents had told us to continue with the carpet clean regardless of the carpet not being tacked down because I had called them instead of emailing. The arbiter ruled against us. "

Think you were just unlucky to be honest. Personally I loath estate agents and landlords but I'm surprised by the DPS in your case.

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By (user no longer on site) OP   
over a year ago

I typed that whole fuckin thing out on my phone with minimal typos!

Ace!

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By (user no longer on site)
over a year ago


"Our tenant has just given us notice she is moving, so could be interesting. The house was brand new when she moved in, we will have to wait and see what condition it is in..."

Did you do regular house inspections?

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By *riskynriskyCouple
over a year ago

Essex.

The letting agent has been doing them for us as the house is so far away. The last one stated some minor damage to paintwork.

Being honest we might just sell as it's going to be empty and use the money to build an extension on our house...

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