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shetal
16-04-2006, 15:22 PM
Hi All

In order for an inventory to be valid, does it need to be signed by the tennant? Mine has his name on the top(copy given to me by estate agent, though agent is no longer in the loop though) and my tennant has the same copy.

It states 1 x sofa although the guy delivered 2 x 2 seater sofas for the same price as they were only ones in stock, the tennants say they will say there was only one sofa there (in court), so they only will have to pay half, they are playing real dirty now. They said the spring came up and injured them but now are saying nothing with regards to injury although it may come up again.

The damage to the ceiling, they said previous tenants got in and did this.
The blinds, they said are in the loft, I've looked everywhere and they've left an old mattress and old chair there but no blinds!
Shelves in the bedroom, one is missing, again thought it may be in the loft but its not there.

As a result of all the replacement/damages flat is still not rented out and it'll be a month at the end of this week, is there any way I can claim loss of rent in any way/form?

Light fittings - can lampshades which have gone missing also be claimed as being a light fitting? There were two, both in the bedrooms, I even have pictures of the previous ones, but the tenannts say there weren't any.

In the letter I sent to them, as I thought there were too many things to mention and some could be fair wear and tear e.g. broken pull-out drawer in kitchen, all bathroom accessories needed replacing, including handheld shower etc...I only mentioned those things I thought I could claim on in inventory. Should I write about these now also to back my case, to say these were all replaced/repaired but I didn't claim for these? If I counter-claimed for all these the bill would be higher than the deposit!

Thanks
Shetal

MrShed
18-04-2006, 08:48 AM
An inventory without a tenants signature is not worth the paper it is written on....without proof that the tenant agreed, you could have typed up any old inventory yesterday. Did the estate agent prepare and deal with the inventory?

Worldlife
18-04-2006, 09:34 AM
An accurate inventory of contents with a note of their condition e.g. "new", "as new" or note minor damage if signed on each page by both the landlord and tenant will be conclusive evidence in Court. It is also important to note the condition of the structural parts e.g. doors, windows, sinks and bathroom fittings and the state of decoration.

Your delivery notes and invoices may be able to prove the expense for two sofas. Could the tenant be able to state on of the sofas had been removed after delivery? The evidence concerning the sofas will show the Court that your inventory was not kept properly up to date and might.

In the case of dispute if at the end of the tenancy the landlord and tenant amend the incoming inventory and note missing items or damages this will provide conclusive evidence to the Court.

Photographs that are listed and dated so as to show the missing or damaged items will provide valuable evidence

shetal
18-04-2006, 10:40 AM
Hi

Thanks for your replies, the inventory was typed up by the agents and was attached to the contract, in the contract it states that the inventory forms part of the contract together with fixtures and fittings, all of which I have photographs of.

Everything was pointed out to the tennants that items were missing and they still denied it. I have receipts of everything which show everything was new (all of which was bought from one major furniture retailer) so will produce these in court. I've got 2 quotes from builders to do the work and they both say roughly the same.

I guess its all upto the judge now to see who they believe and unless they
have photographic evidence to back them up, I don't think their case can stand in court.

Am filling out the form tonight and doing the calculations tonight and it is higher than the deposit! They'll be in for a shock!

Thanks for your advice,
Shetal

MrShed
18-04-2006, 10:59 AM
I guess its all upto the judge now to see who they believe and unless they
have photographic evidence to back them up, I don't think their case can stand in court.



Wouldn't be so sure....the onus is on you to prove damages, rather than on them to prove otherwise.

shetal
18-04-2006, 12:46 PM
Hi Mr Shed

So I have to prove that they damaged my flat and took my property right?
Thats fine, I have pics of the damaged ceiling (and kitchen drawer etc...) and receipts for the blinds,sofa, light fittings. Also took videocamera with me too.
Is this enough?
Shetal

MrShed
19-04-2006, 01:33 AM
Do you have before and after pictures?

Poppy
19-04-2006, 07:58 AM
Shetal, be honest. You can’t prove the condition of the property at the time your tenants moved in because the “inventory” (huh!) was neither signed by the tenants nor yourself jointly and it’s inaccurate to boot.

Fix the property up. Rent it out. Move on.

You need to treat this as a lesson to be learned.

Please share with us what steps you will take to ensure that your next letting goes as smoothly as possible.

shetal
19-04-2006, 10:26 AM
Hi Poppy

I wish I could move on, but they are taking me to court and so this is why I have to do all this. Maybe I should have cut my losses but the option is no longer there. So, just have to fight my case in court as much as I can now. If the judge throws it out, I'll be out of pocket, if they do believe me, then at least I'll get some money back. I know I might have to pay for court costs and am prepared to pay.

As soon as the court case is over, I'll be able to concentrate on the next steps.

Thanks
Shetal