Help needed from Paul F - Crazy Deductions from Deposit!

[Lyndy Lou]

You have been very helpful in my 'crazy deductions from deposit' thread posted earlier - please can I ask for some more words of wisdom please??!! Any advice from anyone else 'in the know' also gratefully received!

Basically son and friend still not had deposit returned from property they moved out of 3 months ago! Many disputed 'dilapidations' etc etc. Money already taken from deposits to cover these, without prior consent. No Inventory ever seen let alone signed by them. On point of taking landlords to Small Claims Court, but now Letting Agents have suddenly 'found' the Inventory for the property and sent them a copy!! It is unsigned but states on it 'This property has been inspected and if you have any amendments you must state them on this Inventory and schedule of condition. All tenants must then sign the document, which is then to be returned to our office within 48 hours of commencement of the tenancy. If it is not returned within the time period then it would be deemed to be accepted in its original form'.
My son and friend are ADAMANT they were NEVER sent this Inventory at the outset of the Tenancy, or at any other time.

Letting Agents also state in their covering letter that they act as stakeholders for the deposit. They further state that Clause 2 of the Tenancy Agreement states that 'The tenant pays the Deposit as security for the performance of the Tenant's obligations and to pay and compensate the Landlord for reasonable costs of any breach of these obligations'. They then state that my son and friend made a number of breaches on their obligations as tenants (disputed) and that is why they have taken a large chunk of their deposit money!

HELP!

[oaktree]

I'd still issue in the small claims court and let the judge decide what is reasonable or not - IMHO 3 months seems a fairly unreasonable amount of time to make anyone wait especially as they are holding the deposit as stakeholder.

They also show a depressing lack of vision in only now producing their (unsigned) inventory

If no agreement is in sight, and lets face it, its not likely is it?, you should go to court.

[Paul_f]

Firstly take no notice of the bovine excrement coming from these agents as they are unable to "prove" anything. An unsigned inventory is about as useful as an ashtray on a motorcycle.

If they were so lax as not to have obtained a signed inventory before releasing the keys then that's their funeral; they cannot prove anything and that would be my point when taking any legal action against them. Remember the onus of proof is on the landlord/agent to prove something was damaged/broken/left dirty etc and not for the tenant to prove otherwise. There's something called vicarious liability by the agent on behalf of the landlord.


All tenants must then sign the document, which is then to be returned to our office within 48 hours of commencement of the tenancy." - Can it be proved that they actually gave them an inventory, and when? - and why give them 48 hours to smash the place up and then expect it to be signed as a true record of perfect condition? No court in its right mind would concur with this.


Letting Agents also state in their covering letter that they act as stakeholders for the deposit. - If this is so then NO PART of the deposit can be withheld from the tenants without their express permission.

My attitude would be to say to the agent - see your landlord client in court - because that's who you go after, not the agent!

[Lyndy Lou]

Love your turn of phrase Paul! Many thanks for the info (again) - I get the feeling the Agents aren't going to budge on this one, so Small Claims Court it is! Will let you know the outcome...

Lyndy Lou