LL did not provide inventory now wants deposit

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    LL did not provide inventory now wants deposit

    Hi,

    After searching on internet, I found this forum got very good members for the people like me.

    I am currently in a private property which was let to me by a landlord on Assured Short Hold tenancy agreement. Tenancy began on 01st Feb, 2010.

    At the commencement of tenancy, Landlord did not clean the property and I had to move in while the tenant is still moving to the upstairs. I gave notice to my old flat and had no place to go with my family.

    When I moved into the flat, I found that

    Landlord did not give me front door keys and provided me with back door keys.

    Next morning he provided me with front door keys.

    The trays in the fridge were broken at the commencement of tenancy and I took a picture with my camera. However, my camera do not have date imposed on photos. But date is visible in the camera.

    After writing to him with all the problems, he wrote a letter to me in Hindi (Indian Language). I always kept my communication in English.

    I arranged for End of Tenancy Cleaning as I am sure that my Landlord will point out me for not cleaning the property. The property is in better condition than at the beginning.

    I always had boiler problems at the property.

    There was a damp in the property. The cause for this is the wall is built with two bricks and there are provisions in the wall for Electricity and Gas meters. The provisions are exposed to the atmosphere and through these provisions wet came into the wall.

    Now my landlord comes with a heafty bill GBP 2500 for fridge (which is working and clean) and sofa (which got my baby food stains and they got removed after using sofa wipes)

    I asked for inventory three times but the landlord never bothered to reply for that question.

    Now he wants to take me to court if I do not provide amount for repairs.

    Can someone help with my situation.

    #2
    Was your deposit protected, because it appears it might not be? Your landlord must write to you in English is that's the wording of your AST.

    Your landlord doesn't stand a chance in court with no inventory, but you might want to take action if your deposit isn't protected as there is 3x the deposit compensation available to you probably.
    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


      #3
      The landlord will have to prove that all the damage was down to you

      If you know that he does not have any proof (which should incluide an inventory/schedule of condition that you verified as true at the start of the tenancy)and you know in your heart that you left it in better condition than at the start, you have nothing to worry about.

      It's likely he judge will give you the benefit of the doubt.

      He probably does not intend to take you to court, but is trying to bully you into paying more money.

      Did your landlord protect your deposit in a government approved scheme and give you the correct notice that it was protected? If not, he could be in a lot of trouble.
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

      Comment


        #4
        Take a picture of your camera image with another camera, you now have the date. This should make you feel smarter.

        Comment


          #5
          I dont think you have to worry too much. First of all there would have to be an inventory carried out, preferably by an independent person. Secondly to make it stand up in court he would have to have your signature on it to show you both agree on the condition at the start of the tenancy. Im sure you would remember signing an inventory so he cant just provide an inventory you are not aware of as it could of been made at any time and has no proof of the actual condition.

          It seems to me that with your photos you seem to have more evidence of the starting condition than the landlord so it seems he is just attempting to bully you for more money.

          Have you told him you have pictures from when you moved in as this may discourage him to make any unnecessary action?

          Comment


            #6
            Hi Paul_f, Bel , sweetcorn, sb247

            Thank you all for the response. My deposit is protected with “mydeposits” and I will be very glad with their settlement. I am trying to avoid court and planning to take it as the very last option. I kept uploading the pictures when I moved in and when one maintenance engineer painted the house.
            The same are available at

            When I moved in:
            picasaweb.google.com/100963462266394663845/116A02#

            After painting:
            picasaweb.google.com/100963462266394663845/116A25022010#

            Also, the letter sent by agent is available at
            picasaweb.google.com/100963462266394663845/Letter#


            Could you please advice me, if these can be enough proof to submit to mydeposits.

            Thank you all for your support.

            Comment


              #7
              Originally posted by live4kumar View Post
              Could you please advice me, if these can be enough proof to submit to mydeposits.
              Note that it is the landlord who has to prove that he's entitled to make deductions. To do this he firstly needs to prove the original good condition, then the alleged damage afterwards, and the cost of that damage.

              So, if he doesn't have a check-in inventory/condition report signed and approved by you at the start of the tenancy, he's going to find it difficult to prove anything.

              While the tenant can, of course, submit their own evidence (which might be helpful if it contradicts whatever evidence the landlord submits), and give their own version of events, it's the landlord's evidence which is most important.

              MyDeposits provides a dispute resolution service, as an alternative to the court, but the landlord may choose to opt out of this (it is not compulsory).

              The landlord's demand for £2,500 sounds ridiculous and based on the facts you have stated I honestly think you have nothing to worry about regardless of whether this is settled by MyDeposits or in the county court.

              Comment


                #8
                Thanks a lot to all for your support. Now I feel I am on good side.

                Comment


                  #9
                  Hi All,

                  I have sent an email to landlord about confirming the checkout appointment and he did not replied yet.

                  Incase, if he does not agree for the appointment, Could you please suggest me the possible steps that I can take to return keys to him.

                  At the end of tenancy I should not be keeping keys with me and need to return to him.

                  Comment


                    #10
                    Does the landlord live near enough for you to hand-deliver the keys through his letterbox? If yes, then write to him saying that's what you intend to do unless you hear from him with alternative instructions.

                    If you hand-deliver the keys, take a witness with you.

                    Do NOT post the keys the landlord as they could easily be lost and the landlord might try to charge you for replacing the locks.

                    Comment


                      #11
                      Dear Westminster,

                      Thank you for the quick reply. Yes he lives in the same city.

                      However, I am just wondering about the witness if I leave the keys in the letter box.

                      On the other hand if I post the keys through recorded/ special delivery, I thought I can have a proof of postal receipt.

                      Please let me know your views. This is my first rental and I am completely new. So please correct me if I am wrong.

                      Thanks

                      Comment


                        #12
                        Originally posted by live4kumar View Post
                        However, I am just wondering about the witness if I leave the keys in the letter box.

                        On the other hand if I post the keys through recorded/ special delivery, I thought I can have a proof of postal receipt.
                        The trouble with even Special Delivery is that the landlord may not be there to sign for the parcel, and it then gets returned to you. Or it may get lost. I suppose you could pay extra to insure the parcel - e.g. insure it for the amount it would cost to change the locks and pay for new sets of keys if the keys were lost.

                        Delivery by hand ensures that the keys are definitely returned to the landlord. If you're worried about a witness not being enough evidence, then take some photos (or a video) as well; include in the first and last photo a legible newspaper headline (as this will help prove the date). Take pictures of:
                        • the street sign of the landlord's street
                        • LL's front door with the door number visible
                        • you putting keys into an envelope
                        • you writing the address on the envelope
                        • you putting the envelope through the door


                        And take a reliable witness, one who will be prepared to sign a statement etc if necessary. The 'ideal' witness would be someone with a professional qualification such as an accountant, doctor etc but don't worry this is not essential.

                        Comment


                          #13
                          Hi Westminster,

                          Thanks for the detailed information.

                          Comment


                            #14
                            Hi,

                            Thank you all for the valuable information on my situation. As I expected my landlord did not reply for my request for the return of the deposit and it is already 10 days long, I am waiting for a response from the landlord. I am trying to log a call with mydeposits for dispute resolution.

                            I am sorry for the long post. I thought it will be always better to get suggestions from experienced.

                            Could anyone help me to review the below document that I am going to send mydeposits.

                            Redhill,
                            07th October, 2010



                            Dear MyDeposits,

                            Reg: Deposit of <Property Address>

                            My deposits certificate number: <XXXXX>


                            I was renting flat <XXXX> during the period 1st February, 2010 to 27th September, 2010.

                            The checkout was carried out by the assistant of the agent on 27th September, 2010 and also confirmed that I will be hearing back about the deposit within a week. However, even after 10 days of formally requesting for deposit, I am still waiting for a response from the agent.

                            Hence I would like to raise Dispute over the Deposit amount.

                            Property Address: <>
                            Primary tenant: <>
                            Other tenants: <>
                            Landlord/Agent details: <>
                            Deposit details:
                            Deposit amount paid: GBP 850.00
                            Monthly rent agreed: GBP 850.00


                            Check-In Inventory: None.

                            I formally requested through email for Check-In inventory two times after possessing the flat and Landlord/Agent failed to provide me the same. Details of requests are copied below for your reference.

                            Rent Payment:

                            All the rent paid on time during tenancy. For the first month I sent a mail a confirmation regarding the rent payment as the agent took cash by hand. Also, the mail mentions about the list of problems in the flat at the first glance. I am posting the mail communication that happened on 1st February, 2010 below.

                            Consecutive payments are done through bank transfer and I am attaching the bank statements for those transfers for your reference.


                            Month Paid On Amount in GBP
                            February, 2010 01-02-2010 850.00
                            March, 2010 27-02-2010 850.00
                            April, 2010 31-03-2010 850.00
                            May, 2010 30-04-2010 850.00
                            June, 2010 01-06-2010 850.00
                            July, 2010 01-07-2010 850.00
                            August, 2010 31-07-2010 850.00
                            September, 2010 01-09-2010 850.00
                            The bank statements can be found at:



                            Check –in Inventory:

                            I was not provided with the check-in inventory. I asked Agent for check- in inventory but Agent ignored my request.

                            Request for Check-in Inventory on 7th February, 2010:




                            Request for Check-in Inventory on 19th February, 2010:

                            The below mail started with a request to repair a leakage in the living room. At the beginning Landlord/Agent tried to threaten me as I was the cause for damage. Later, he sent a maintenance engineer to paint the wall instead of fixing the problem.

                            The below mail also mentions about the Check-in inventory.




                            Since, I was not getting proper response from the Landlord/Agent, I contacted Reading Borough Council. As suggested by the Housing Advisory committee member of Reading Borough Council I took couple of pictures at the commencement of tenancy and the same can be found at:


                            Once the maintenance engineer painted portions of the flat, I took pictures of the places where the painting was done and the same can be found at:



                            End of Tenancy:

                            End of Tenancy notice:

                            According to the Agreement, I gave notice to end the tenancy in a month advance time. Mail communication regarding the same is below:



                            End of Tenancy Cleaning:

                            The flat is cleaned by professional cleaning services at the end of tenancy. Enclosed the bill provided by the professional cleaning body.


                            The following pictures and videos represent the state of the property at the end of tenancy.



                            End of Tenancy cleaning bill can be found at:


                            Request for Deposit:

                            I sent a formal request through email for the return of deposit on 27th September, 2010 and the same can be found here:




                            Additional information:

                            Treatment:

                            I was treated with difference since beginning of the tenancy. Agent/Landlord sent me a letter in Hindi language though I was communicating with Agent/Landlord in English since beginning.

                            The letter can be found at:



                            Boiler Problems:

                            We were always suffered as the boiler in the flat constantly didn’t work. I am attaching the mail communication that happened regarding the boiler.



                            False information provided by Landlord/Agent:

                            Landlord/Agent always gives false information. The flat was advertised as 12 months old at the commencement of our tenancy. That does not represent the actual age of the flat. In the mail communication happened on Fri, Feb 19, 2010 which is attached in Page 5 of this document.

                            Also, the flat is again advertised as 12 month old flat on rightmove. The advertisement can be found at

                            rightmove.co.uk/property-to-rent/property-26484794.html

                            and

                            docs.google.com/fileview?id=0Bw_VOGqH8TIcNzk3NmNiMjgtMjgwMy00MGQzL Tk0NGYtOWNjMzY3NDk5ODlj&hl=en&authkey=CNS_grUC



                            My Contact Details:




                            All the information given above is true to the best of my knowledge.


                            I will be more than happy to use mydeposits Dispute Resolution service. Please contact me through the above mentioned contact details and I can provide any further information that is required.



                            Regards,




                            Again, thank you all for the valuable information.

                            Comment


                              #15
                              Assuming this letter is just the first stage, i.e. notifying the scheme that you wish to raise a dispute, then you do not need to give full details at this stage - that's the next step, and you have 10 days to submit your evidence after notifying the scheme.

                              See http://mydeposits.co.uk/tenants/docu...dedownload.pdf

                              Comment

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