TDS Case studies
A random selection from the first 100 disputes adjudicated by the Tenancy Deposit Scheme for Regulated Agents clearly shows the need for independent adjudication and proper inventory/condition reports. These vital tools remove doubt and indecision in deposit disputes.
Independent adjudication calms disputes that are often about very small amounts. Adjudication also underlines the advantage of using proper inventories that have been checked at both the start and end of every tenancy, especially when larger sums are involved.
"The completely random selection of examples from our caseload since we went live in 2004 shows that truly all human life is to be found in the private rented sector" said Lawrence Greenberg, Chief Executive of The Tenancy Deposit Scheme.
Cases have included a landlord obtaining twice the amount he had asked for after a carpet was badly stained. There was the case where a tenant had removed an oven and hob, leaving them outside. He was only required to share the replacement cost. Another tenant was asked to pay just 10% of the cost of a whole new kitchen floor.
Lawrence Greenberg admits that some disputes could be described as banal "They are important to the people involved and can colour their attitude to renting. A tenant who feels he has been cheatedout of his deposit is going to talk about it much more than one who recognises he has been treated fairly."
Mr Greenberg also points out that the difference between fair wear and tear and damage or the reinstatement of an alteration made for logical reasons may not always be as it seems.
"It is never simple and sometimes awards have to take into account a lack of documentary evidence like photographs. Sometimes aparent damage or poor condition is no more than the result of normal wear and tear. However, in all cases, with the benefit of hindsight it is easy to spot where the molehill became a mountain."
"Good inventory and condition reports often help to remove that mountain from the problem."
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