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TDS disput resolution in favour of tenant despite evidence


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I have taken a deposit to dispute as the tenats were disputing the sum I wished to hold back to cover putting the flat right after they had caused excessive damage to the property. During my taking back the property I recieved post from the NHS and the NIC bureau for 3 additional persons who were not on the agreement but had been in residence.

I even got email confirmation that the tenants were related to these people, a married couple and a single man. This put 7 tenants in my two bed 1 bath flat.

They were using the lounge as a spare bedroom as was born out by an engineer from the council, who visited while I was trying to the get the chimney uncapped to reconnect the gas fire.

I had to inform the tneants not to have long term visitors and long term visitors was outside the terms of the tenancy agrement.

Despite all this they found in favour of the tenants even over one point where the tenants admitted breaking the item but that it was my fault they broke it as I had instructed them to air the house (to stop the build up of mildew and the water running down the walls in the bathroom).

This is a warning to all of you out there who think that you will get your money at the end when the tenant moves out and you pay professionals to put it right.

The TDS did not look at my photos provided on a disk as they asked for over the phone.

They sent a letter stating that I could ask for the judgement to be set asside but then told me I oculdn't do this and I should complain using form F. Which I did, only to be informed much later that my email signiture was not good enough and I had now missed the dead line for complaining and although I stared my complaint in pleanty of time by email, this is not good enought despite form F saying you can complain by email.

Do not trus the TDS.

Get your money back befor the tenant moves out or not at all.

Give the tenant bad refrences until they agree to pay up front. After all they deserver the bad ref if they have ripped half the wall paper off the wall, torn several curtains, turned a blue carpet black, burnt the back of a chair, left burn marks all over a mantle peice, wrecked two tables and 4 chairs, wrecked 3 net curtains, and ruined the bathroom to the point of causing gloss paint on the door to blister due to the damp and left the whole property covered in mildew and brocken a window lock.

Oh and torn one bed and brocken another.

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What a sorry tale.

I think you should have got the tenants out earlier and not given warnings - it never works.

Next time stay on top of things and give notice at first sign of things getting out of hand - oh and try the DPS next time.


That was the problem. It was the DPS who ruled in favour of the tenants.

I knew nothing of being able to chuck them out using a section 21 notice b4 using this site.

However the damage was mainly carried out in the first 4 months. I visited on month 5 and then every month after that. If that is not keeping on top of it, I fail to see what you might think was.

Catching them with the extra people in residence was impossible as I had to give them notice of my visits as it was essential that I act inside the terms of the tenancy agreement despite my suspisions that they were not.

I fail to see how it can be considered fair to chuck someone out without giving them fair warning. Especially when all I had was the bathroom was dripping with water and the flat was damp as a result, especially as they worked to put this right imidiately that they were informed it was a problem. But, like I said, the damage had already been done and the additional damage after that was actually quite minor.

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