PDA

View Full Version : Tenant claims landlord submitted fake photos in court



Beeber
20-01-2008, 03:46 AM
I've come across a thread at the following site where the poster alleges that they lost their court case against their landlord for the return of their deposit.

They claim the landlord submitted photos they took of the property after it was handed back in a poor condition by the previous tenant and passed them off as being a result of her tenancy.

http://forums.gumtree.com/viewtopic.php?p=1888110

What are your thoughts on the landlord's behaviour? And her recommendation that tenants take photos at the beginning and end of their tenancy?

And would submitting false photos in court be a criminal offence?

Ericthelobster
20-01-2008, 10:18 AM
Presumably if the photos are submitted to the court as 'genuine', they would be exhibits as part of a witness statement, and therefore it would consitute perjury?

Quite apart from the obvious moral issues, it seems an incredibly risky strategy on the part of the landlord -there must be a pretty high likelihood of being caught out, with all the legal consequences thereof?

Beeber
20-01-2008, 11:27 AM
In the latest post to that thread, the tenant says that the property did not have an inventory.

So if that's the case, it blows a hole in the consensus theory of this forum that No inventory=No deductions and that landlords will inevitably lose a court case if they withold a deposit from a tenant without having an inventory in place.

Ericthelobster
20-01-2008, 11:57 AM
So if that's the case, it blows a hole in the consensus theory of this forum that No inventory=No deductions and that landlords will inevitably lose a court case if they withold a deposit from a tenant without having an inventory in place.Indeed. I have no personal experience either way, but I'm convinced that the above consensus has come about because certain apparently well-informed people have repeatedly stated on this forum extremely forcefully "No inventory=No deductions, under any circumstances, full stop" to the extent that it seems to have become gospel. I'll hold my hand up to having replied to posts here myself with the same advice, in the past.

In the real world it's down to interpretation of the facts on the day by the court and the individual judge, and as shown in the cited example, it seems anything can happen...

justaboutsane
20-01-2008, 12:15 PM
I am sure Jeffrey or Paul could point us in the direction of some case law of other that states Inventory must be produced.

On another note, had a call from a friend last night, water pouring from the attic, called emergency guy that LL gave her the number for when she moved in only to be told that the LL did not pay him to make emergency call outs and to turn the water off! .. This woman is tiny and disabled so to turn the water off would mean no heating in a house where the door frames don't fit! Anyway I told her to call guy back and get him out and deduct the fee from the rent! .. Now waiting for the fall out from that!