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Gareth B
17-09-2006, 11:24 AM
Hi,

I've just moved out of a leased property and have had £300 of a £1500 deposit returned.

As far as I can recall an inventory detailing the condition of the rooms was never signed.

The landlord sold the house (which is why we had to move) and alleges that we cost him £7000 on the valuation of his house.

He has detailed £1600 of damage to the property caused by us and has returned, £300 (although there is another £300 in a bed and sofas that we bought from him that was also taken).

Can he claim for work that he will never have done against money that I have, allegedely, lost him on his valuation?

And, am I within my rights to request a copy of the inventory so I can determine what damage, if any beyond normal wear and tear, was caused by us?

Sorry it's so long. For those of you that have, thanks for reading this far!

Regards,
Gareth

Ericthelobster
17-09-2006, 12:11 PM
As far as I can recall an inventory detailing the condition of the rooms was never signed.That's crucial - no inventory = no deductions permitted!


The landlord sold the house (which is why we had to move) and alleges that we cost him £7000 on the valuation of his house.How, apart from the alleged £1600 below? Probably because the house might have been perceived less valuable due to the tenant living there when on the market - hardly your fault


He has detailed £1600 of damage to the property caused by us and has returned, £300 (although there is another £300 in a bed and sofas that we bought from him that was also taken).

Can he claim for work that he will never have done against money that I have, allegedely, lost him on his valuation?Pretty sure not, even if there was a proper inventory. LL should have put right the damage before marketing the property, at which point it may have been appropriate for you to cover all or some of the cost, given sight of the invoices.


And, am I within my rights to request a copy of the inventory so I can determine what damage, if any beyond normal wear and tear, was caused by us?Yes. You should have been given a copy at the outset of course, but if the LL can't produce a copy of it signed by you at move-in, then he can't make deductions from the deposit and any court will back you up on that. (If you've lost your copy I suppose he could charge you a reasonable fee for providing a replacment but he'd be a prat...)

Gareth B
19-09-2006, 07:34 AM
Thanks for the reply. Really helpful and puts this in context.

To make this more confusing we signed two contracts while we were there. The first one may have had an inventory (it was three years ago and it's possible that I signed it) but the second contract, which was signed last year, definitely didn't. In this case does the contract start again and the first inventory become invalid?

I’m not happy having to get into this with him and the tone of the first letter (which has very intimidating) makes we think he will take exemption to being asked for the inventory.

Looks like my response to this is dependent on whether there is a signed inventory. If there is then I need to question the quotes he’s got (even though the work will not get done), if there isn’t then can I offer an amount but make it clear that this isn’t accepting liability for any alleged damages?

Thanks for you your help so far.

Gareth

sti5brigade
19-09-2006, 17:37 PM
If you have to go to court to remove the tenants - i.e. say court costs and barrister fees can you deduct this then from the deposit?

If they totally trash the house - i.e. holes, in doors, not inhabitable... which would not have been the case when a tenant moved in does it still hold 100% true that you cant deduct any amounts from the deposit? - is there no reasonability check at all.

I only ask as I doubt that many private landlords actually ask for signed inventories. I've rented a few properties and never been asked to sign an inventory by the agents. I rented a place in London last year at circa £2k a month and the agency never even gave me an inventory to look at - and come to think of it there was nothing verbally either. That said if I had damaged the place I'm sure they would have tried to take it from any deposit.

I am interested as the agency I used to rent a property through (me as landlord) never provided an inventory. However seeing that they didnt provide one I sent one to the tenant but they never returned the thing signed

Ericthelobster
19-09-2006, 17:49 PM
To make this more confusing we signed two contracts while we were there. The first one may have had an inventory (it was three years ago and it's possible that I signed it) but the second contract, which was signed last year, definitely didn't. In this case does the contract start again and the first inventory become invalid?No; if the two contracts are continuous there would be no expectation for a new inventory.


I’m not happy having to get into this with him and the tone of the first letter (which has very intimidating) makes we think he will take exemption to being asked for the inventory.I don't know the full situation but I don't see why there should be a problem with this... without denying or admitting any responsibility for anything you can simply write back, thank him for the letter and ask for a copy of the original inventory to enable you to address his concerns - and see what happens.


Looks like my response to this is dependent on whether there is a signed inventory. If there is then I need to question the quotes he’s got (even though the work will not get done), if there isn’t then can I offer an amount but make it clear that this isn’t accepting liability for any alleged damages?If you're feeling magnanimous, sure; or given his attitude you could simply tell him to take a hike....

Gareth B
19-09-2006, 21:24 PM
WIll be sending a letter tomrrow.

Eric, cheers for you r helpful comments