A close family member's tenancy recently ended.
The tenancy began in 2013. At the start of the tenancy, the tenant requested to have the property unfurnished. All communication took place via phone.
The agent consequently removed items of furniture that were present at the time of viewing.
The tenant requested the return of their deposit on the Monday after having returned he keys on the Saturday.
The agent replied to say that the landlord had queried the missing furniture. The tenant replied explaining that it had been removed at the start of the tenancy.
The tenant requested a copy of the move-in Inventory. The agent forwarded a copy - handwritten, no letterhead, signed only by the tenant. (Probably important to mention at this point that the agent inherited the situation from the old managing agent - who sold the business giving no notice to tenants and landlords circa 6 months ago).
The inventory stated that the furniture had been removed by the (old) agent.
The (new) agent emailed the tenant to say that they would advise the landlord that the deposit would be returned in full to the tenant.
The landlord objected saying that either the old agent or the tenant was liable for the cost of the furniture.
After 10 days had passed, the deposit had not been returned nor had a request from the managing agent to withhold a percentage amount been issued.
The tenant raised a dispute with TDS and waited for an update from the agent.
The agent tried to persuade the tenant to accept a part retention of deposit, claiming that the TDS would likely just split the claim 50/50.
The agent also told the tenant that the landlord has substantial evidence in respect of the claim. Also that the landlord is suggesting that the tenant could have written the inventory. (Ludicrous as it had been forwarded by email from the new agent).
The tenant is anxious at the thought of losing any of the deposit and isn't sure how to proceed.
My thinking is that;- The new agent forwarded the only copy of the inventory. This inventory states that the furniture was removed by the old agent. Therefore, the tenant is entitled to full deposit return. The landlord's argument is with the agent.
Is this undue, unfair and bias pressure from the agent?
Is TDS likely to just split claim 50/50?
Thanks in advance.
