Move Out reports and Tenants not being present

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Michael O'C
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I have just had a situation with the Deposit Protection Scheme in relation to a disputed deposit.
Without boring you with the details, I wanted to claim for some minor decorating work and wanted to have the property cleaned. The tenant disputed this. I had an inventory and accompanying photos of the condition of the property at the start of the tenancy (all dated and signed by the tenant).
I also conducted a move out report on the day the tenant left. The state of the property was also documented and photographed - problem was, and this is turning out to be a big problem - the tenant was not present. They had already moved out and despite being asked to meet me at the property at a certain, they failed to attend.
The DPS has ruled that due to the photos and move out report not being signed by the tenant, little emphasis could be placed on them and they have found in favour of the tenant.
I cannot believe this and have asked for an explanation from them only to receive a very unhelpful reply quoting section 7 of the dPS Terms stating that we will accept their findings. My issue here is that if we do not get a signature on a move out report then the move out report is worthless. How can we force a tenant to attend a move out in order to get a signature?? If there are issues at Movde out, what are we supposed to do? When this gets round no tenant in their right mind would attend and then they would win the case by default. It's ridiculous. Any advice or information would be helpful, Are any Landlord Organisations challenging this?
28/07/2010 00:00

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