Tenants' deposit and TDS adjudication

Tenancy Deposits

After our tenants left, we noticed damage to the kitchen surface. The kitchen was high class and only a year old.

The agent’s move out report did not have photos which were detailed enough to see the two points of damage. However, we have our own photos for the vacant period which show the damage. Therefore, it must have been caused by the previous tenants.

We had a light -weight canvas picture over the sink. The tenants replaced it with a heavier notice board so we think this fell down and caused the damage, but we do not have actual evidence that this is what happened. We do have the photos of the end result.

We are pursuing a claim against the deposit.

Our agent is suggesting that we come to an agreement with the former tenant for a mutually agreed figure to avoid a dispute via the TDS and because the independent adjudicator might not award us the amount in full.

We are not happy with the agent’s advice.

Should we continue with our claim or ‘settle out of court’?