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Landlord - DPS Dispute decisions - Claims against Letting Agents?

Started by Wordsbut, February 15, 2019, 11:52:56 AM

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Wordsbut

Tenants vacated at end of tenancy leaving the apartment in need of a full professional clean, redecoration in some rooms that was far beyond fair wear and tear, along with damage to the hob (which was replaced with a new one during their tenancy), fridge freezer (which again was a new one replaced during their tenancy), Living area laminate floor (hundreds of holes from where they'd been using the area to plays darts) and a fair few other bits of damage that was beyond even the wildest remits of fair wear and tear.

None of the tenants listed on the agreement bothered to turn up for the hand over, despite the date and time being agreed to suit them, so it was just the letting agent and ourselves who carried out the inspection and inventory check.

Photographs of the cleaning requirements and damage were taken on the day, but with some additional ones being taken over the following few days as some issues were not noticed until items had to be moved for cleaning, repair work or redecoration.

The letting agents were instructed to commence a claim against the deposit and then to process it through the DPS, using the evidence and quotes we compiled and our photographs (as they didn't take any themselves on the handover day), as the matter went into dispute.

Now, after 7 months, the DPS has made a decision, despite not releasing to the Letting agents or ourselves, the replies to our claims from the tenants, or their evidence, that no parts of the claim against the deposit will be upheld.

Their decision has been made purely on the basis that the evidence presented cannot be used, because the inspection and inventory check carried out by the letting agents at the start of the tenancy, was not sufficient enough, as there were no photographs showing the condition of the property (other than the ones they took to list it) that could be used to make a full comparison.

Is there any way of appealing against the DPS decision?

Or,

Can we make a claim against the Letting Agents for some kind of breach of contract? Because, in amongst a few other things, of their failing to carry out and complete an initial inspection and inventory report that is of a standard that would, if required, be accepted by the DPS. No recording of inspections carried out during the tenancy or recommendations they gave to the tenants as a result of these inspections (as problems were noted during visits). Failing to complete a comparable end of tenancy inspection and inventory report and not advising that carrying out an inspection without the tenant present and their able to agree to / sign something on the day to acknowledge the work that needed to be completed against the deposit?

Sounds like trying to walk across quick sand whilst wearing a lead suit, but it cost us far more than we were claiming against the deposit to put everything right and the lettings agents attitude over it all just makes it all that much worse!!

This was a newly purchased apartment that was fully redecorated, professionally cleaned and fitted out prior to these first tenants moving in.

Any and all comments will be greatly appreciated

Hippogriff

So, you have kinda said it yourself...

The incoming Check was not considered sufficient to be evidence. You do say "purely on the basis" of this... but what else can an objective third party do if you aren't able to provide satisfactory evidence of what the property was like when the Tenants took it on? I mean, they can't work on a balance of probabilities, really. So I'd think your beef is with whoever did that for you... be it the Agent, yourselves, whoever... but not the DPS, they can only assess what's put in front of them and are always likely to err on the side of the Tenant (at least that's anecdotal, and you've just added weight to it).

It is a cautionary tale... all of a Landlord's documents must be of the highest calibre. Thankfully most Tenants are not like the ones you have just experienced. I've not yet had a Tenant who didn't even bother to show up for the outgoing Check... and I've always, so far, agreed any deductions at that same meeting, so there are no surprises. Often this does mean something else will come up a bit later on... but you take a bath on that one... as you do more you become better at the inspecting side. If you've handed that off to someone who really doesn't care about you or your property... then that's the risk you [sadly] take.

KTC

Quote from: Hippogriff on February 15, 2019, 02:12:38 PM
they can only assess what's put in front of them and are always likely to err on the side of the Tenant (at least that's anecdotal, and you've just added weight to it).

They are required to. The deposit is the tenant's money until and unless the landlord have shown they are entitled to it in accordance with a term of the tenancy agreement.

Wordsbut

Fully agree with whats been said, the DPS can only use what is in front on them if it provides checks and balances and complies.

First time Landlords, used a Lettings Agency as believed this was the best way forward at this stage and fully believed what they did was of the standard required, but now know that neither the move in or move out inspections, done in their standard way, would've been acceptable as admissible evidence to the DPS.

The terms of the tenancy agreement they produced stated amongst other things, that the apartment will have a professional clean to the standard is was at the start of the tenancy, but even this, was dismissed, despite all the evidence, because the Agents did not have before and after images for comparison.

The tenancy agreement stating that the apartment had been professionally cleaned, was of a high standard with no damage etc etc was not enough for the DPS to even consider, even though it was checked and signed by one of the tenants and who would not I'm sure have signed it, without comments, requests or demands, if they were moving into an apartment that was in the condition they left it in..

Hence the big question being, can we chase or even sue the Letting Agents for failing to carry out the work they were being paid to do on our behalf, even if just to claim back the fees paid to them over the 2 years? or are letting agents a law to themselves with any attempts to claim against them being a waste of time and energy, head banging a wall repeatedly, pointless, lesson learnt, just move on exercise?


p.s. I do have to say, the photo inventory and inspection carried out by our new Lettings Agents, for the new tenants is unbelievably detailed, precise and more than protects both the landlords and tenant on any property they manage. Just wish we'd known about them, this website and a few other things before.. but hey ho, hindsight is a wonderful thing

KTC

Going back to your original question of whether there's any way of appealing against the DPS decision, the answer is no, sort of.

Quotethe final decision of the adjudicator is binding on both the landlord and tenant. It cannot be challenged except through a Court of Law – although the parties should seek their own independent legal advice first. The Schemes are NOT permitted to re-open cases unless it can be shown that the Scheme did not follow the processes laid down in its own rules, or did not take into account all the evidence submitted by the parties.

Zoozan

I'm sorry I have no idea whether there would be any point in trying to sue the agency
But wouldn't it be worth phoning the free solicitor advice phone number on the Landlords blog to ask?

I have never used an agent but was thinking about it
But yours is a cautionary tale and I am truly sorry that your " education " cost such a lot !