Help - Lack of detail on Check In Report

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    Help - Lack of detail on Check In Report

    Hi there,

    My partner and I were tenants with a property let through a letting agent for a year.

    This was the first time either of us had rented and so lacked any prior experience when it came to the check in reports...

    It seemed fairly detailed, we only made a few obvious changes when we went round such as things missing, but now we have done the Check Out, the full £1,100 deposit is being claimed for a burn mark in the lounge carpet originally hidden by a large chair and table, (although wax and burn marks were already noted on the original inventory as the Landlord used to have candles all over the place before she let it due to failing to sell), damage to the kitchen laminate that was in a marked and dirty state noted on check in report, damage to kitchen sink (noted as scratched and marked at check in) long grass (we'd cut it 3 weeks before hand) and appliance cleaning that was covered in grease when we received it and much cleaner when we left!

    The original check in never mentioned the full extent of the conditions of items, and the officer who conducted check out made a point of telling us the property should never have been marked as in "good condition" as this implies it is almost as new. He said it was fair at most but that most of the things he was forced to note down were clearly the result of years of build up and wear and tear, but that the original inventory was clearly inadequate.

    Having written a detailed account of all the issues to explain our position, the letting agent agreed to return £350 of the £1,100 in regards to damage to sink, a shelving unit taken down, and colour stains to the blinds (fading, I believe it's called lol!).

    They say that because we signed the original inventory and made additions to it we clearly had the chance to raise issues with it then and now is not the time to do so. Unfortunately our lack of experience has put us at a disadvantage here, but surely the letting agent is not able to hold us liable for what was under large pieces of furniture? The report has a disclaimer against moving large objects, so if the tenant relies on the report, and the letting agent transfers responsibility, is it not the Landlord's liability as to what was hidden underneath?

    Is there anything we can draw on such as case law or reasonableness to secure more of our deposit back? The Landlord is dishonestly trying to make out we've done things she knows full well were there, it makes me so frustrated.

    Thank you so much to anyone who can help at all,
    Amy Woods

    #2
    A few more details required,

    Are you in England or Wales.
    What is your monthly rent.
    When was your last AST(Contract Signed).
    Which firm was you deposit protected with.(DPS etc).
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

    Comment


      #3
      In England, rent was £795 pcm.

      The contract was signed 29th April, 2009, and ran from 1st May for one year.

      The deposit is held with the TDS Ltd.

      Many thanks

      Comment


        #4
        Then raise a dispute with TDS and hope that the LL agrees to allow TDS adjudication service to decide the matter (adjudication is more tenant-friendly than the courts).

        Comment


          #5
          I would think the onus is on the landlord to prove that this damage was not there when you moved in. Therefore, a TDS arbitrator, or judge, if you have to go to court, should find in your favour. However, this is not a hard and fast guarantee. Whatever arbitration method you end up using, the principle is that the deposit is your money until the landlord proves he is entitled to it.

          Comment

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