Tenant rights when it comes to inventory.

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    Tenant rights when it comes to inventory.

    I attended my final inspection with my LL a few days ago. She said she wanted to claim for replacing a shed window, but it was already broken when we moved in.
    She also said she paid £60 to get the carpets cleaned when we moved in, but I didn't sign an inventory and haven't seen one, but she wants to deduct that from our deposit.
    Lastly, in general, what would be classed as fair wear and tear? She has gone away for a week and I want to get my facts straight for when she comes back with a quote for the above items.
    Thanks.

    #2
    If you did not sign an inventory then she will find it difficult to defend any deductions. If she takes any money sue her through moneyclaim online.
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      If you haven't signed an inventory, there is no basis for any deductions whatsoever.

      That's it!

      Comment


        #4
        Originally posted by Rayder View Post
        I attended my final inspection with my LL a few days ago. She said she wanted to claim for replacing a shed window, but it was already broken when we moved in.
        She also said she paid £60 to get the carpets cleaned when we moved in, but I didn't sign an inventory and haven't seen one, but she wants to deduct that from our deposit. The L/L would have to prove this was the case by submitting a genuine receipt from whoever did it.
        Lastly, in general, what would be classed as fair wear and tear? She has gone away for a week and I want to get my facts straight for when she comes back with a quote for the above items. It very much depends on how long you lived at the property, the number of occupants and whether children lived there as more latitude should be taken into consideration if there were.
        Thanks.
        Wear & Tear can be defined as the "natural deterioration of the decor, fixtures and fittings under normal use". However as previous posters have stated it's up to the landlord to "prove" dilapidations and not the tenant to disprove anything, and in the absence of an inventory the L/L is on very thin ice.
        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.

        Comment


          #5
          We'd been there for 19 months and we have one toddler. If I'm completely honest, the house was cleaner when we left than when we took up the tenancy.
          There was a list of things wrong with the house, but it was our first time renting, we were a bit naive and so we just lived with them or sorted them out ourselves.
          The living room carpet has some stains, but I'm fairly sure some of them were there when we moved in. If she does produce a relevant receipt (which I don't think she'll be able to) for the carpet cleaning, surely that may prove that she had it cleaned, but not the state of the carpet afterwards. Is it possible that some stains remained? I've never had a carpet cleaned.
          I'm fairly certain she's going to come back with a whopping great quote, so I'd like to know exactly where I stand. Sounds like she's going to struggle without a inventory though.

          Comment


            #6
            Originally posted by Paul_f View Post
            However as previous posters have stated it's up to the landlord to "prove" dilapidations and not the tenant to disprove anything, and in the absence of an inventory the L/L is on very thin ice.
            Originally posted by TenantsLuvMe View Post
            If you haven't signed an inventory, there is no basis for any deductions whatsoever.

            That's it!
            Originally posted by justaboutsane View Post
            If you did not sign an inventory then she will find it difficult to defend any deductions.

            What part of the above didn't you understand?

            No inventory = no proof = no tenant liabilty

            Stop fretting until your LL actually does something. Then sue her.
            If your tenancy started April 2007 or later, did your LL lodge your deposit with an approved scheme?
            If not, perhaps you'd like to mention to her the liability she faces to you if you pursue the matter (3 x deposit)

            Comment


              #7
              Thanks for all your replies. I do tend to worry too much!

              The deposit was placed with the DPS, but the LL has gone on holiday for a week and has not requested it's return yet. I've been told that she has 30 days to return it so there are several possible outcomes.
              What is my best possible course of action if she
              A) she still tries to claim despite the lack of inventory or;
              B) she goes over the 30 days?

              Comment


                #8
                Originally posted by Rayder View Post
                Thanks for all your replies. I do tend to worry too much!

                The deposit was placed with the DPS, but the LL has gone on holiday for a week and has not requested it's return yet. I've been told that she has 30 days to return it so there are several possible outcomes.
                What is my best possible course of action if she
                A) she still tries to claim despite the lack of inventory or;?
                Dispute this with the DPS and if your LL persists, request to go to arbitration.

                Originally posted by Rayder View Post
                B) she goes over the 30 days?
                Unfortunately, I've no experience of deposit disputes, so its best that you contact the DPS and speak to them about this aspect, or check their website.

                I think the DPS have to refund the deposit to you or enter into arbitration within a set period of time, because these things are not supposed to drag on as its one of the main purposes for having the deposit schemes in the first place.

                Comment


                  #9
                  Originally posted by Rayder View Post
                  Thanks for all your replies. I do tend to worry too much!

                  The deposit was placed with the DPS, but the LL has gone on holiday for a week and has not requested it's return yet. I've been told that she has 30 days to return it so there are several possible outcomes.
                  What is my best possible course of action if she
                  A) she still tries to claim despite the lack of inventory or;
                  B) she goes over the 30 days?
                  read the terms and conditions for the DPS, which should be provided at the beginning of your tenancy.

                  make sure she puts all the suggested deductions in writing.

                  Comment


                    #10
                    Without a signed inventory at the start of the tenancy, if you dispute any deductions to the deposit, the DPS will almost certainly uphold your dispute as the damage cannot be proven.

                    Relax a little
                    If I am offering advice, I am doing so purely because I think I know the answer and would like to help, but... and its a big but, I do occasionally get things wrong, as anyone does.

                    So please don't sue.

                    Comment


                      #11
                      this sounds like my case my landlord is proceeding to court and has no inventory nor inspected the property when we left then wrote 3 weeks later saying all carpets had to be replaced. we have only just got a court date so will see how it turns out and let you know if successful outcome. fingers crossed

                      Comment


                        #12
                        Good luck. It may not even get to court - LL may see sense before that and back off!
                        '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

                        Comment


                          #13
                          Originally posted by jacqueee View Post
                          this sounds like my case my landlord is proceeding to court and has no inventory nor inspected the property when we left then wrote 3 weeks later saying all carpets had to be replaced. we have only just got a court date so will see how it turns out and let you know if successful outcome. fingers crossed
                          Well good luck. Is your deposit in a scheme like TDS or DPS? My deposit is, so from what I've heard, I'm hoping that my case won't go that far, especially without any inventory.

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