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luxyboy

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  1. Sorry this is a long one so feel free to skip the email section if you prefer! Not after any help just a thank you note with which i feel some funny correspondence! Wow this took some time but I got the result I wanted! So yesterday i got a letter from the TDS to say that they had rulled in my favour and I would be getting back the whole of my deposit! Pretty happy about that as took so long I presumed that nothing was going to happen. Will be making a donation to this site for 10% of the deposit as in all honesty I think I would of just given up if I hadn't gotten the advice off people here. The process was really simple, I had a couple of forms to fill in to say why I was disputing the amount that was taking and then as suggested I attached all of the emails and posted these off. On a side note it was pretty funny reading through some of the emails. Example. LA = I can confirm that the carpets were brand new when you moved in as on the check out inventory from the previous tenants it was not noted as new and on your check in it is new. The landlord has confirmed that the coffee table was also brand new and has spoken to the factory where the glass was sandblasted and they can confirm that it should not show any signs of wear and tear after such a short time. We feel it is only fair for you to fully compensate the landlord for a replacement. Me = Thanks for that email, great that the landlord can get in touch with the makers of the table so could you please provide me with an invoice to show when the table was bought. Also could I please get the invoice for the carpet since I came to you the first day we moved in and complained they were not cleaned but nothing was done about this. LA = I have asked the landlord to see if he can get the invoices although this may take some time. Please note that if this can't be resolved amicably then we will have to take legal action. Me = Thanks and i look forward to recieving the invoices. Also When you say that the if this can not be resolved amicably between both parties what does this mean exactly? Does this mean that I just pay what the landlord wants or we comprise? LA = The landlord feels that you should pay for the damage that you caused. Me = Thanks, thanks for the mail and sorry about this trouble we are causing you! Could you please get a copy of the invoices as everything in the property is as good as if not better than when we moved in. Thanks (wow i was being nice here!) LA = i have recieved the following from your landlord: ====================================================== 1. The carpets were brand new, fitted by Lee Longlands for this tenancy, this can be evidenced by our invoice which corresponds with the date the tenants moved in, so clearly counters their assertion that the the carpets were in a dirty state when they moved in. 2.The dish washer was one of the appliances serviced by a qualified engineer a few days before the tenancy ( 4 days prior), again this can be proved so we would like the repair to the handle to be made from the deposit, a reasonable request we would have thought. 3. The paint on the underside of the coffee table has around the chrome legs been dislodged by using unreasonable and sudden force, Lee Longlands has told us after checking on their system that the paint will have been shot blasted on the surface by the manufacturers in Italy, the damage is not one of wear and tear even after just over 4 years from the date of purchase. ======================================================= Please let me know how you wish to proceed. Me = Many thanks for that but would actually like to see the invoices, also where the carpets bought the same time as the table? Could I also see the invoice for the dishwasher. LA = Yes I can confirm the carpets were bought on the same day as the table, the landlord says it will take him a long time to be able to find the invoices, especially for the dishwasher. Me = No problem about the time it takes, Im not desperate for the money. (Obviously was but nevermind!) Just one quick observation I presume you know we moved in 20 months ago and therefore 2 years after the carpets and table were bought? fail to see how these can be brand new in this case. Still would like a copy of the invoices for everything. LA = Yes we know when you moved in, it is irrelevant if the carpets and table were brand new I can see on your check in inventory that they were not marked as damaged and now they are so you have to pay. Me = I feel it is very relevant since I complained to you that the inventory was incorrect as they were cleary not new but nothing was done about it. Also surely this shows my inventory was not correctly done? You state that the carpets werent new when the previous tenants moved out but were new when we moved in. LA = The inventory was correct and the carpets and table were brand new when you moved in. Me = By brand new do you mean bought 2 years prior to us moving in? How is the invoice coming along for the dishwasher? LA = The landlord was not able to find the invoice for the dishwasher so has asked you to pay for the repair. ME = I am sure the landlord would like us to pay for everything but sadly it doesnt work like this! Seems like we are going round in circles think this needs to go to the TDS. LA = Yes if you are unwilling to pay which we and the landlord feel you should then this will be sent to The Disupte Service. Me = okay lets do that. glad I have all these emails as you seem to be getting confused as your emails change. LA = There is no need to be rude. I will send all forms and emails to the TDS. ME = Thanks, I will of course send them myself as bit worried since you seem to be purely on the landlords side. I think they will like the part about the carpets and table being brand new and invoices that are easy to find which never appear. LA = I have spoken to the landlord and he is happy for this not to be sent to the TDS if you agree to pay the repairs. ME = i am also very happy to no let this go to the TDS if the landlord gives us our deposit back. This was it. Now here is the really funny bit and not sure why this is the case, the TDS awarded me 50GBP (moved to Sweden now and no pound key!) more than was in dispute.. how very nice but strange Sorry this was so long but thought it was funny how landlords and agents can act. If it wasn't for the people here i would of probably just got scared and paid them.
  2. sorry for all these questions. The LA have just sent me an email containing a form for me to fill in "Annex 1 - Payment of deposit to tenants following adjudication" this form only contains places for me to fill in basic details such as name, address and how I would like to be paid if the TDS rules in my favour. They want me to fill this in and send it back to the LA who will then post it to the TDS. Am i able to write directly to the TDS as want to make sure that i get chance to send my points and copies of emails to them as am worried that the LA will play this more favourably to the LL as they have multiple properties that are rented through the agents. Sorry if this is answered somewhere else I have looked though the forum but dont seem to be able to find the process when in a dispute thanks again for all your help thanks
  3. Hi all, Think we are begining to see the light at the end of the tunnel! Our case has now been passed to the TDS as we cant agree on the deuctions. The LA and LL said that the carpets in our property were brand new when we moved in we requested a copy of the invoice and can see they were actually fitted 18 months before we moved in! The LA said it didnt matter as they should not be dirty on vacating the property so irrelevant if they were new or not! Funny as have an email and a letter saying that it was obvious that the appartment was in a worse condition as the carpets were brand new. Will be interesting to see what the TDS make of this. I have numerous emails from the agent with them saying the carpets were definitely brand new and although i disputed the inventory it was correct. Can I send these emails to the TDS as sort of proves what the agent is like! thanks
  4. One of the items that we are being accused of damaging is a table. We rented the property for just under 2 yesrs (21 months) and the LL has said the table is over 4 years old. He has said to allow him to take the deposit as if otherwise the legal route will be very expensive to us both. This seems a bit of a joke to me since the whole reason we didnt sign the inventory was that we noticed some damage that wasnt reported. Will wait for the other invoices before i reply to hime though
  5. This just gets more and more irritating! The LA is now refusing to give us our deposit back as the LL says we have caused damage to various articles in the property. He says everything was new when we moved in so he can produce the invoices. I have of caused asked him for these since when we got the inventory I went to the LA the same day to say that this was incorrect as some items were listed as brand new which can't of been true. Will let you know dates of invoices and how these fit in when we were in the property, so if someone could help me formulate an answer when I get these that would be great
  6. Thanks again MrShed for all your help with this case. I got a copy of the certificate today and have checked and the deposit is protected with the TDS.
  7. The deposit is with the "The Dispute Service". I am waiting to hear back from them on whether the deposit is protected so will update this then
  8. Have done thanks! Had a conversation with them and after a lot of shouting at their end told them that the appartments was in a better state than when we moved in (which it is might i add) and that as they had not bothered to do an inventory properly when we moved in that i wanted the full deposit back. they said that they would speak to the LL and let me know. There really was some shouting from their side about how i was accussing them bla bla bla!
  9. Just had a call off the LA and they said that my deposit is in a TDS and if i want I can see the certificate. I was of course not told this so what can i do now? thanks for your help
  10. Thanks have posted the letter today to them so will update when they reply
  11. Sorry just a quick one. Can I do this even though I have moved out? Gave read somewhere that you can't do this but might be getting the wrong end of the stick?
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