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View Full Version : T Gone, keys "returned", stuff missing



slink
15-02-2010, 21:54 PM
My T moved out before meeting me at the property and doing the final inspection/inventory check etc. I went there at an arranged time and her ex-boyfriend showed up instead (also her rent guarantor), said "here's your keys" and walked off. I had no chance to ask questions or to refuse to accept the keys or anything.

Inside hadn't been cleaned although it wasn't the worst and there are a few items missing. I wasn't letting this for money, just while I was away so I'd quite like some compensation for the taken items. I have T's deposit in the DPS.

I did an inventory and T signed it with me at the start of the AST but obviously I haven't got her signature on anything to say the items are no longer there and I'm unlikely to get it as she's not answering calls or emails. There are outstanding utility bills and I have no forwarding address. I need to move back into the property as I have nowhere else to live. Do I have any options available to me or do I have to write everything off as gone and refund her deposit in full or is my word that the stuff is gone enough to claim money back from the DPS?

mind the gap
15-02-2010, 21:57 PM
My T moved out before meeting me at the property and doing the final inspection/inventory check etc. I went there at an arranged time and her ex-boyfriend showed up instead (also her rent guarantor), said "here's your keys" and walked off. I had no chance to ask questions or to refuse to accept the keys or anything.

Inside hadn't been cleaned although it wasn't the worst and there are a few items missing. I wasn't letting this for money, just while I was away so I'd quite like some compensation for the taken items. I have T's deposit in the DPS.

I did an inventory and T signed it with me at the start of the AST but obviously I haven't got her signature on anything to say the items are no longer there and I'm unlikely to get it as she's not answering calls or emails. There are outstanding utility bills and I have no forwarding address. I need to move back into the property as I have nowhere else to live. Do I have any options available to me or do I have to write everything off as gone and refund her deposit in full or is my word that the stuff is gone enough to claim money back from the DPS?

Before we can advise you about the deductions, do you have anything in writing from your tenant to prove she intended to move out when she did, or is your only proof the return of the keys by her guarantor?

slink
16-02-2010, 10:00 AM
I have an email saying she was moving out on the 6th Feb, which is before I returned to the UK, she said she had to go and would meet me the following week when I was back. Her ex showed up instead.

mind the gap
16-02-2010, 11:31 AM
It is useful but not essential to have a check-out inventory signed by the tenant as a basis for any deductions.

Just contact the DPS and raise a dispute - you will need photographs and a check-out inventory to show the condition of the property as soon after the T vacated as possible. I suspect it may be difficult to prove that they stole/destroyed/got rid of the missing items, since she may just say they were there when she moved out and that you have removed them yourself. The arbitrator will generally work on a 'balance of probabilities' principle. You will need to assemble as much evidence as you can Photographs of dirtiness always help.

Your other option is to refuse arbitration, refund he rmoney and pursue her through the courts. Some osters on this forum believe this results in a more favourable outcome for the LL.

fletchj
16-02-2010, 11:36 AM
Ok - First the easy bit - the utility bills - this needn't be a problem for you assuming the bills are in the tenants name. Simply get in touch with the utility company saying you took over possesion of the property on date x and readings on the meter was y. If asked about the oustanding bill simply state that they must take that up with the tenant and no you don't have a forwarding address.

As to the other stuff figure get your paperwork straight. Fill out a full inventory noting all missing items, damage and dirt. Compile a a list of costs for cleaning, value of items missing and any repairs and submit a claim for the total to the deposit scheme. Take a bunch of photos to prove as many points as you can.

What will happen then is then is either the tenant will get in touch with deposit scheme or they won't. If they do argue the toss about the deductions and follow the dispute proceedure if appropriate. If they don't wait for the prescribed amount of time an make a single claim on the scheme.