Updating post from Reddit.
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Just go via TDS. Don’t even entertain his BS.
What does your tenancy say about garden maintenance? Are there any other obvious issues you feel he could bring up in a TDS dispute?
In general the TDS are tenant favoured unless the LL can prove with clarity that the tenant is at fault, so in the situation you describe I would definitely raise the dispute. Trimming a 9 foot hedge seems like an unreasonable ask on its face so I'd be surprised if he had any luck there, garden maintenance tends to be more about lawn trimming and plant watering. The TDS do have guidance for garden maintenance if you want more clarity.
He can absolutely raise further costs with the TDS but he will be asked for evidence and you'll have a chance to respond to his claims, so unless there is anything major I'd think he would struggle, especially if the inspection didn't report any issues and you can show you have taken active steps to prevent mould. If you have any pictures/video or any other evidence of the state of the place when you moved in it would be useful to dig those up just in case.
Possibly a mixed bag. The agreement does state that we should keep the lawn weed free, however i have an email with him describing it as 'just weeds' with a hedge that is unmaintaned.
There was a check in report, but to my knowledge he has not paid for a check out report (instead getting in a different estate agent for 'future marketing'). He perhaps wants to maximise his returns here with minimal effort and £ on his behalf. For reference the property looks to have the same carpet and painted walls (some parts patched up in a different colour at start of our tenancy) as it did 5 years back.
It's the idea that we should do something to remove evidence of previous mould that annoyed me as i say it as the same masking a problem cycle that we clearly got caught up in. Maybe I should just contest this out of principle but accept that it might cost us more than the £250 if we do.
In that case, as you describe it, I'd be shocked if the TDS even entertained the idea of a deduction for the hedge. It just doesnt seem reasonable to expect a tenant to maintain a hedge like that and doubly so if he's already described it as unmaintained.
The mould is always iffy but if it existed prior and you have taken steps to manage it, it doesn't seem reasonable to put that cost on you, especially because you have to ask why that wasn't raised in the initial deposit discussion. If they raise mould as an issue they would have to prove the cause, I will say in the TDS' own surveys they conclude that mould is more often than not a tenant-caused issue (25% poor ventilation, 21% drying clothes indoors and 17% showering with windows closed) but the onus is still on the LL to prove it.
It's obviously impossible to give any certainty but like I said before, in your situation unless there is anything really obvious you're missing I'd be quite confident about disputing the deductions.
I'm inclined to contest if even if lots of new 'costs' emerges and it ends up costing more. The principle of it.
Just to add, days after the tenancy the landlord has now put the property for sale on RightMove in the exact same condition we offered it back to him in. Would this be useful evidence to TDS as it implies that he's not going to have any work done at all?
Yeah I'd have thought so.
The TDS would rely more heavily on photos and the like so it isn't going to prove anything on its own, but it certainly implies that no other work is planned.
Did he provide tools to trim a 9ft tall hedge?
I’d argue that maintenance of such is far beyond reasonable expectations of a tenant.
Hedges grow, and not everyone is able to get up a ladder and undertake maintenance of that sort anyway.
And even fewer tenants would have their own tools available to do this work.
He provided no tools. Half of it is over the neighbours garden too.
Right, so no idea how you’re meant to trim that then, maybe a chair from the table and a pair of scissors? (Sarcasm btw.)
I certainly wouldn’t be claiming that from a tenant who had no means of upkeep provided, as it’s both unreasonable & unrealistic to expect every new tenancy to purchase a full on hedge trimmer…
Just to add, days after the tenancy the landlord has now put the property for sale on RightMove in the exact same condition we offered it back to him in. Would this be useful evidence to TDS if i raise a claim as it implies that he's decided not to have any work done at all anyway?
He’s trying to scare you into accepting his crap. Take it to TDS dispute. That’s what it’s there for.
Dispute it all. He cannot add “administration” fees, and any emails or texts stating he will should be included when you make your claim.
You provide your proof as well, which can include the emails of his jumping it up to £1000. That indicates alone it isn’t a claim in good faith - they don’t just get to make up amounts to deduct, nor punitively go after the whole thing when you don’t agree.
Yes, I do feel like the 'I'm let you off for other stuff' if you pay £250 for the hedge is an attempt to twist my arm.
You raise the claim with TDS, you both enter what's under dispute. You provide evidence of what's been discussed and if je increases it they'll then see that and it'll reflect poorly on him.
Once the claim is active they'll return the undisputed amount immediately and leave the disuputed funds on hold until the outcome of the case
My concern is that if i don't agree he'll pepper them with numerous other costs and the sum of those parts will be greater than the amount. The place was in a bad start from the start, so that would be my argument to that, but i guess its down to TDS to decide. There is a check-in report, but AFAIK he's not bothered to do a check out one yet. I've taken as many pictures as possible
TDS are fair. Without a check out report he's pretty screwed. And they're strongly against 'betterment' - if you damaged a carpet that was 5 years old then you only pay the value of a 5 year old carpet NOT the cost of a new one.
TDS aren't a 'get out of jail free' card, they will allow landlords to charge reasonable & evidenced costs. Nor are they quick, think it took me 4-5 months? But if you don't need the (disputed) money right now, want things to be fair, and want to teach the landlord the letter of the law - then TDS is the way to go.
I'd recommend reading the Citizens Advice, Shelter, TDS etc pages about tenants rights. Not just for deposit disputes, if you know your rights as a tenant then you'll spot a bad actor quickly :)
i've seen a few case studies where a check out report isn't included, but the landlord has been awarded money. My concern is that if he lumps on extra 'costs' which are tricky to proove either way once the TDS process begins, if he's awarded part of those it might exceed £250.
Since he said he won't release the deposit until I agree to the £250 garden reductions, to my mind he's saying that he's keeping hold of a portion that is undisputed, but logically is he continues to do so and i go to tds, then the whole amount is then disputed in a sense. I can see see him cobbling together a list of claimed costs at that point as he seems like that kind of person. Thanks for the links, yes we've likely been naive and assuming a better nature that was never there.
Just to add, days after the tenancy the landlord has now put the property for sale on RightMove in the exact same condition we offered it back to him in. Would this be useful evidence to TDS if i raise a claim as it implies that he's decided not to have any work done at all anyway?
Yes, they can but I would still go to TDS if you disagree with the charges - this is what they exist for.
Yes, he can claim more. But it's just a claim, remember.
But they still have to justify their claims and the TDS service will decide what is fair/not fair. You also put claims and evidence in and then the TDS decides what is fair.
>Is this kind of thing frowned upon by TDS?
This type of action is deeply frowned upon by the TDS.
Go to the TDS today, don't delay, get the ball rolling.
Thanks for your take on this. I appreciate it. We're inclined not to give in to this bullying behaviour.
Today the landlord has put the property for sale on RightMove in the exact same condition we offered it back to him in. Would this be useful evidence to TDS if i raise a claim as it implies that he's decided not to have any work done at all anyway?
No, if deductions are granted from the deposit from the TDS, the LL is entitled to the cost of making right, not actually having the work done.
The deposit is there to ensure that the property can be put back to the way it was before your tenancy started or to cover costs incurred by the landlord by the tenant's action.
It's can, not must.
You can however of course mention it on your dispute but it won't get you any extra proof.
I guess my argument is that it implies he's happy to sell it in the condition we left it, rather than it being a 'disgrace' as he called it. But yes I appreciate that if it's 'can' not 'must' that changes matters. I just feel it implies that he's likely never to spend anything on the property now.
It's not a valid argument, I'm sorry.
He's entitled to the cost (subject to TDS decision) to put the property back the way it was before the tenancy started, but he doesn't have to.
That's fine, it's clearly an area you know a fair bit about and so the more I educate on the ins and outs the better.
This is just my experience being both LL and tenant over the years. Of course, look at the other advice you get here too and I hope you get this resolved.
He can change, but you should keep his emails and share them with the tds. Make it clear that they were happy with a lower amount which strengthens your case.
Do not engage landlord bullshit and argue the toss.