Cook v's Cotterill (rent deposit adjudication)!

After much procrastination and trying to get me to settle for a lesser sum without adjudication below is a copy of the full adjudication which is legally binding by all party's and the money is back in our account anyway so enough said ha ha!!

If you want to see the saga from the start it is here http://sulynn-glynsuesblog.blogspot.co.uk/2012/12/the-deposit-saga.html

I did no more than filled in and returned all the forms and put the rest firmly and squarely in The Lords hands to try and stop me worrying about it, as usual it was a "boomerang struggle" which I eventually got rid of!

DEPOSIT ID: 11779427

IN THE MATTER OF AN ADJUDICATION
UNDER THE DEPOSIT PROTECTION SERVICE ADR RULES BETWEEN:

ROBERT COOK Landlord
And
GLYN COTTERILL Tenant

DECISION

Tenancy Agreement
1 At all material times the papers show that Glyn Cotterill (hereinafter ‘the Tenant’) and S Cotterill entered into an Assured Shorthold Tenancy Agreement with Robert Cook (hereinafter ‘the Landlord’). The property is located at 9 Darts Close, St. Giles-On-The-Heath, Launceston, Cornwall, PL15 9RS. The tenancy commenced on 4th May 2010 for an initial term of six months.

Reference to Adjudication
2 A dispute has arisen between the parties over the Deposit paid to the Landlord at the commencement of the tenancy which being unable to resolve they have agreed to refer to adjudication under the ADR Rules of the Deposit Protection Service (DPS Rules). In accordance with the DPS terms and conditions, I confirm that I am qualified to adjudicate this claim, being a UK qualified solicitor.

Submissions and Evidence

3 The parties have made the following submissions:

i) Submissions by way of ‘Landlord’s/Agent’s Evidence Form’ together with supporting documents dated 29th November 2012 and Final Comments dated 28th December 2012.

ii) Submissions by way of ‘Tenant’s Evidence Form’ and supporting documents dated 13th December 2012.
4 I have been provided with the following evidence by the parties: Tenancy Agreement dated 4th May 2010

Copies of correspondence including emails Photographic evidence dated 23rd November and 4th December 2012

The Deposit

5 The Tenant paid a deposit of £600.00 to the Landlord at the beginning of the Tenancy. The sum of £453.17 is currently in dispute.

The Dispute

6 The Landlord seeks payment of the following sums:

Damage to roller blinds £112.80
Damage to window locks £210.00
Damage to flooring £130.37

7 The Tenant disputes that any of the disputed sum should be retained and requests the return of the balance of the deposit.

Reasons for Decision

8 All the parties are conversant with the facts of this case and the issues raised. I do not propose to recount all the facts of this case in the same manner and order as the parties have done in their respective documents, save where necessary for the purposes of this Decision. I have also carefully considered all documents submitted by the parties in support of their submissions, and the parties should be reassured that the fact I do not refer to a particular document or point specifically, should not be construed to mean that I have not considered that document or point.

9 I note in particular the obligations placed on the Tenant under the terms of the Tenancy Agreement in clauses: Particulars, 1.8, 4.2.1, 4.3.1, 4.3.3, 4.6.1, 4.6.2 and 6. I do not propose to recite the wording of these clauses in this decision as both parties have a copy of the Tenancy Agreement.

10 The burden of proof in respect of the claim rests on the Landlord to establish on a balance of probabilities that the Tenant was in breach of the obligations under the Tenancy Agreement, and that the sums claimed are reasonable costs incurred or likely to be incurred as a result of the Tenant’s breach.

11 Adjudication decisions can only be reached on the basis of the evidence received by an adjudicator from the parties. It is the sole responsibility of each party to ensure that all relevant supporting evidence is presented to the adjudicator before the decision is made.

12 The Landlord submits that at the end of the tenancy two roller blinds were broken, two window locks were damaged and vinyl flooring in the kitchen was ripped and stretched. The Landlord wishes to claim £453.17 in order to compensate him for the replacement of the damaged items.

13 The Tenant disputes this claim and states that the damage to the window lock and vinyl flooring was pre-existing. In relation to the alleged damage to the blinds, the Tenant states that the mechanisms of the blinds were faulty from the start of the tenancy and that the blinds were removed from the windows and stored safely during the tenancy. The Tenant states that no damage was caused to the blinds during his residency.

14 In considering any claim for damages, I compare the condition of the property at the start and the end of the tenancy. I do this in order to establish if any damage has occurred during the course of the tenancy and if it is attributable to the Tenant, and if any repairs and replacement of items are required to return the property to the condition it was in at the start of the tenancy, fair wear and tear excepted. To do this, I compare the check in and check out reports as these documents are the primary source of evidence of the condition of the property at the start and the end of the tenancy. If the check out report shows that the item is not in as good condition at the end of the tenancy as it was at the tenancy start, then the Landlord may be entitled to claim.

15 I have not received a copy of the check in report to establish the condition of the property at the start of the tenancy. I also have not received a copy of the check out report to compare the condition of the property at the end of the tenancy.

16 To support this claim the Landlord has provided a number of photographs. These photographs have been submitted electronically and having checked their ‘properties’ folder I am able to verify that they were taken on 23rd November and 4th December 2012. According to the documentation provided in this dispute the tenancy ended on or around 3rd November 2012. In the circumstances, I am unable to accept the photographs that taken almost three weeks after the end of the tenancy as valid check out evidence.

17 It is for the party bringing the dispute to provide sufficient evidence to show their entitlement to a deduction from the Tenant’s deposit. In the absence of any substantive evidence to demonstrate that the claimed damages were caused by the Tenant during the course of the tenancy, I am unable to confirm that the Tenant should be liable for the deductions claimed. The Landlord’s claim therefore fails and I direct the return of the balance of the deposit to the Tenant.

Decision

I NOW having considered the submissions of the parties and the documents provided to me

HEREBY DECIDE AND DIRECT that:

i) The Landlord’s claim fails

ii) The Deposit Protection Service shall return the balance of the deposit, namely £453.17, to the Tenant.
Well that is the end of the matter, thank you Lord!