The tenancy deposit claim by the landlord was for a contribution towards a missing oven, at the end of the tenancy.
The tenant disputed the claim saying that the oven was old and rusty at the start of the tenancy with a door that was hanging off. The tenant says she replaced the oven herself and this was taken when she vacated the property.
The check-in report records the oven was chipped to the edges, a door handle was loose, and a door had dropped. The check-out report recorded the oven was missing.
The outcome
The adjudicator was unable to consider an award for the missing oven. This was because the tenancy agreement contained an agreed clause that clearly stated that the oven in the property at the start of the tenancy was left for the use of the tenant as a gesture of goodwill only.
It noted that the tenant was to be responsible for the costs of repairing or replacing the oven, if the item failed and if the tenant replaced the item, the purchased item would remain in ownership of the tenant and could be removed at the end of the tenancy.
Key factors
- Remind yourself of the provisions of the tenancy agreement and any specially agreed terms before proposing any deductions from the deposit. Given the clear terms of the tenancy agreement, it was clear in this case, that the claim against the deposit would be unsuccessful.
- Always ensure that any claims made are appropriate and that any costs claimed are reasonable and take account of fair wear and tear, and betterment.
You may wish to consider booking a place on the TDS Academy – Foundation Course and Adjudication Workshops. Limited places are still available in June.
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Sandy Bastin is head of dispute resolution at TDS.
1. Learn what “betterment” is.
2. Learn what “fair wear and tear” is.
3. Read the tenancy agreement.
…deposit disputes aren’t rocket science.
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In this case, AW, I’d reverse the order. Occasionally tenants leave items behind and the incoming tenant expresses a wish for it to stay. Even though it is not the property of the landlord, we always make sure that is noted accordingly in the agreement and on the inventory.
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Here endeth the lesson ………
the tenancy agreement contained an agreed clause that clearly stated that the oven in the property at the start of the tenancy was left for the use of the tenant as a gesture of goodwill only.
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