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booper13
25-03-2010, 21:10 PM
I signed and returned (physically handed in to the branch) a copy of our inventory within a week of moving in. A number of items had been removed by the landlord prior to our moving in, but after the inventory had been compiled. I documented this on the inventory. Also, I returned additional items to the agent and again, documented these on the inventory. Now, on checking out, the agents do not have a copy of the ammended inventory - they claim we didn't return it and that its not their responsibilty to check all inventories are returned. The LL is not forthcoming in admitting he has these items and I am concerned we will be charged for them. The inventory they have is the original copy and so not signed by me. Also, there are a few claims for what we would consider to be fair wear and tear. What is the position regarding the inventory - which one stands? The original, not signed by me, or the ammended one which they claim not to have received? We were never contacted to say that they hadn't received a copy. Thanks for all help and advice.

mind the gap
25-03-2010, 21:27 PM
Did you keep a copy of the amended inventory yourself?

booper13
25-03-2010, 21:33 PM
Yes - I have the photocopy I made (thankfully) prior to returning it.

mind the gap
25-03-2010, 21:58 PM
Don't worry. In the event of a dispute over deductions, the burden of proof will be on the LL; he would need to prove to deposit scheme adjudicator or judge that the property was in the state he says it was in when you moved in. He will struggle to do that, whereas you will be able to demonstrate the true state of affairs.

This is an AST in England/Wales and your deposit is protected in a scheme, I take it?

booper13
26-03-2010, 08:54 AM
Thanks for the reassuring advice. It is actually in Scotland and the deposit is held with the LA. If they don't have a signed inventory, does that mean that the deductions they wish to make for eg "cupboard door handle requires fixing" will also be difficult for them to justify. Should we seek legal advice? Also, things have been added after our representative left the checkout (which she understood to have been complete). Is this acceptable?

booper13
27-03-2010, 18:34 PM
I've read on here that there is a general rule of thumb...no signed inventory, no deductions. Is this the case in Scotland too?

mind the gap
27-03-2010, 18:43 PM
I've read on here that there is a general rule of thumb...no signed inventory, no deductions. Is this the case in Scotland too?

Sorry, this forum deals mainly with England and Wales tenancies and the law is not necessarily the same in Scotland. You could try the Shelter Scotland website - see this page:

http://scotland.shelter.org.uk/getadvice/search_for_advice?mode=results&queries_search_query=deposit+return&Search=Search

booper13
27-03-2010, 20:24 PM
Thanks a lot for your help. I'll check out the link.