deposit deductions

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    deposit deductions

    two quick questions about what is or isn't enforceable as a deposit deduction;

    1. items not listed by inventory

    2. 'labour' by LL at unspecified rate presumably applied to a lengthy list of items (some in dispute, some not). No invoice for taxed works has been served.

    thank you all in advance!

    #2
    Items not signed for on inventory (ie tenant(s)' signature on each page) cannot be claimed for as the inventory is the proof they existed in and were in good, unbroken condition at start of tenancy. Any such claim would not stand up in court.

    Landlord's time/labour is more problematic, however, if s/he is qualified to do the repairs, cleaning, etc and charges a reasonable going rate (check the local rate for handyman, cleaner, whichever applies), and has proof of need for repair (e.g dated photos) a court may rule such charges reasonable. However if the LL is going to claim such deductions, it is easier for him/her to pay someone else to do the job and present a tradesman's invoice.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Originally posted by mind the gap View Post
      Items not signed for on inventory (ie tenant(s)' signature on each page) cannot be claimed for as the inventory is the proof they existed in and were in good, unbroken condition at start of tenancy. Any such claim would not stand up in court.
      My 'Inventory and Schedule of Condition' for one property will include several photographs of each room in the house, together with as detailed a description as possible of each of the main items within each room. This means that the document for one property could be around 40 A4 pages long in total. Are you saying that I should get the Tenant to sign each of the 40 pages, otherwise it would not stand up in court?

      I put the property address on the top of each page and at the bottom I number the pages 1 of 40, 2 of 40, 3 of 40 and so on. Would this negate my having to get the tenant to sign every page?

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        #4
        with the best will in the world, there would be nothing to stop an un-countersigned page being substituted, no matter how numbered. I might be wrong, but I think I would be nervous about that plan.

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          #5
          You should get the tenant to sign every page.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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