UK Landlord Forum / Life

This is a continuation of a previous saga but as it's a new scenario thought a new thread may make sense .

The contract for my rented property was ended jutually by me ( landlady ) and 3 tenants end of April . They left without paying the rent .nor doing any cleaning , gardening etc .

The contract they signed when they moved in also stated that they accept the check in inventory from 2013 .
I am claiming the unpaid rent and cleaning charges etc from the deposit .
They are now disputing the  check in inventory saying that it was 6 years ago and it's unfair on them because it hasn't taken into account the length of time since the check in was done .
They also say the quotes I have obtained are too much .

I have had a lot of problems with these tenants and don't wish to exchange lengthy emails as from my experience with them it doesn't get anywhere .
Any suggestions or should I just go straight to dispute as I can't see us agreeing .

They refuse to acknowledge they owe April's rent and for cleaning as well .
Many thanks for any advice or opinions

Any deductions from deposit have to take into fair wear and tear, so if you haven't taken that into account, they are perfectly entitled and correct to dispute that.

You are also only entitled to loss in value, not full replacement cost. If an appliance say was brand new on check-in, with a 10 years expected life and on checkout 6 years later was completely destroyed, you'd only be entitled to the 40% loss in value.

The schemes have a shared guide on Disputes and Damages that detailed what kind of evidence an adjudicator looks for, including a section on cleaning charges. Read it, gather your evidence if you haven't already, adjust your proposed deductions if necessary and just take it to the scheme if it's custodial. Doesn't sound like you will reach agreements with the ex-tenants.

Thank you for your advice

I have taken into account wear and tear .

I have claimed for only cleaning as none whatsoever was done . Gardening . Removal of Additional abs unwanted items and unpaid rent .

They are very unreasonable so will going to dispute .

Can you please let us know how this goes? I think a lot of us Landlords here would prefer to avoid going to ADR because we feel we'd get the short end of the stick (likely because our expectations are too high, or our understanding of the law regarding things like wear-and-tear and depreciation is not good)... but, at least in your case, there appears to be a valid claim on the unpaid rent angle... which should form part of it... however, I am mostly curious about how a real ADR situation goes with regards things like cleaning demands etc.. I am aware the onus of proof will all be on you... you'll be the one providing the evidence and putting in the legwork just to get what you feel is due you anyway... most Landlords give up, especially in the knowledge that anything awarded is likely gonna be watered-down. Best of luck.

Yes of course I will update .
I've appreciated all the advice and feedback , shame I am not experienced as a landlord so not really in a position to advise others !

This has been going on for months ( start of this year ) when I first posted due to other issues but within the same tenancy .
I'm so fed up of it and would have hoped that we could just settle it without dispute and moved on  but they have been so unreasonable I am willing to go to dispute just to  make a point to them !
As you say I don't see how the main arrears ie rent could NOT be awarded to me so I will give it my best shot .

I recently had two disputes with the DPS. One tenant has just ignored all correspondence from me and DPS so almost 4 months on I have sent my evidence and await the outcome. Zzzz.  The other tenants disputed everything I claimed for.  They were there 3 years but smoked when they shouldn't have.  Flat stunk and needed more work to re-let. Very tedious to prepare case, 12 emails of pictures, contract, inventory, emails to tenants about smoking, rush to get invoices for cleaning, carpets, decorating etc. Unfair how I had 2 weeks to gather evidence yet I'm still waiting 4 months for other case! I was eventually awarded just over 70% of the deposit. I should have claimed more for the cleaning/nicotine damage as the adjudicator said he normally awards for that when they smoke. I assumed the deposit would have been used up with the other costs.  Mistake.  All in all it was a fair appraisal and I learnt how to do it better in the future.  I have claimed and won the full deposit on the last 10 occasions so always worth doing.

Hi
I just wanted to update on this thread as promised.
So we went to DPS and finally........  a positive outcome in that I was awarded the full deposit !!!
The tenants didn't have a leg to stand on really and although I didn't cover all my losses just glad its all done at my side !
Spent ages doing the landlord statement but it does pay off with lots of details and photos.

The tenants are still arguing over who is responsible for the bills. 2 moved out early and claiming they have not liability and the 3rd one that stayed arguing they do but that's their issue !!

Many thanks to all for advice.
( I do have another issue now with another set of tenants ... boo! see my other post. .... eviction taking so Long!!!!!)

Just been reading about your deposit situation and going through the DPS to be awarded the deposit.

I am a very reluctant very new landlord, I'm having problems with the letting agent I'm using and the first tenant they got ended up terminating the tenancy early due to his admitted anti-social behaviour and allowing his visitors to behave in an anti-social manner and causing damage. 

The letting agent took photos when this tenant rented the flat but when he left, the walls were badly scuffed so the whole place could do with being re-decorated.  He claims it was fair wear and tear but that amount of damage in the space of 8 months is not fair wear and tear. 

What I would be interested to know is, did you use a letting agent and if so was it evidence supplied by the letting agent that was submitted?  My letting agent is supposed to be overseeing all this but then this agent tells me I have to wait for the tenant to raise a dispute, they can only assist and that if the ex tenant doesn't raise a dispute within 3 months I have to take him to court.  Surely this agent should do all the running around shouldn't they?  If they don't, how do I get this deposit paid to me rather than some anti-social moron who was 'encouraged' to  end his tenancy early due to his continual bad behaviour?  Does it have to go through court and I have to pay for that as well or can I get the incompetent agent to sort it out?

Help!! seem to be in it up to my neck and haven't a clue what I'm doing.  Really appreciate any information to help, thanks