LL wants us to put £1000 of CH oil in tank before move out

1984ReturnsForReal_2

Kaleidoscope1972 wrote: »

interestingly...its £1000

Not £873.65 you mean...


He is trying it on.

Kaleidoscope1972

Fire_Fox wrote: »

Are you dealing with the landlord and letting agency in writing by recorded delivery? If not you MUST start, even if this is to confirm agreements made verbally (appreciate Christmas post). It's very easy for a letting agent to refuse to allow you to attend checkout when you are communicating verbally, I suspect they will be reluctant to do the same in writing. It sounds very much like you are going to need a paper trail to dispute any money withheld from your damage deposit.

I would use the opportunity to politely note how many times the landlord has turned up without prior notification, breaching your right to quiet enjoyment, and ask him to refrain from doing so for the remainder of the tenancy. I would word this in such a way as to note you find this particularly stressful in your current condition. As much as anything this is a reminder to him that you know more about the legislation than he does ... a warning if you like. It appears from your posts that YOU are the ones breaking the contract, do you have it in writing this is by mutual agreement?

yes we hand delivered the move out form to the LA with our request to attend checkout, we also have it in writing from the LA that the LL and ourselves have mutually agreed to end the tenancy.

AnxiousMum

Take photographs of each and every room, wall, carpeting, everything prior to leaving the premises, and still insist on being present at the check out.

Fire_Fox

Kaleidoscope1972 wrote: »

yes we hand delivered the move out form to the LA with our request to attend checkout, we also have it in writing from the LA that the LL and ourselves have mutually agreed to end the tenancy.

Hand delivering is not recorded delivery - from now on send everything recorded delivery and keep the receipts. I would not be surprised if they conveniently pretended not to receive something hand delivered if it suits them. Have the letting agents written to you refusing to allow you to attend checkout? Have you put all the problems with the condition of the property into writing?

Kaleidoscope1972

AnxiousMum wrote: »

Take photographs of each and every room, wall, carpeting, everything prior to leaving the premises, and still insist on being present at the check out.

thank you, will do;)

the LL also offered to sell us the bed that my son had been sleeping in as the property was part furnished..the bed is a solid pine one with desk etc underneath..however he refused to put in writing that he was selling to us and after todays exchange..we have thought better of it

Kaleidoscope1972

Fire_Fox wrote: »

Hand delivering is not recorded delivery - from now on send everything recorded delivery and keep the receipts. I would not be surprised if they conveniently pretended not to receive something hand delivered if it suits them. Have the letting agents written to you refusing to allow you to attend checkout? Have you put all the problems with the condition of the property into writing?

thank you, we usually communicate by recorded delivery as we had an extensive paper trail during the boiler saga, however we hand delivered the move out form due to the length of time between receiving it and us moving taking into account christmas.
To be fair..the LA havent been very helpful, but their job was merely to advertise the property and conduct the inventory.
The property was then manged by their management company who hacve been very helpful and had offered to communicate with the LL re the harrassment issues as they said he was breaking the tenancy agreement, but we just wanted a quiet life and to move out.
The management company were aware of the problems with the property.
The LA have not set out in writing that we cannot attend checkout, this was put verbally over the phone

princeofpounds

Don't offer anything, even as compromise. There seems to be no rational reason for you to pay anything, so don't admit liability or imply it.

Collect as much evidence as you can and go to arbitration to collect your deposit.

Fire_Fox

Kaleidoscope1972 wrote: »

thank you, we usually communicate by recorded delivery as we had an extensive paper trail during the boiler saga, however we hand delivered the move out form due to the length of time between receiving it and us moving taking into account christmas.
To be fair..the LA havent been very helpful, but their job was merely to advertise the property and conduct the inventory.
The property was then manged by their management company who hacve been very helpful and had offered to communicate with the LL re the harrassment issues as they said he was breaking the tenancy agreement, but we just wanted a quiet life and to move out.
The management company were aware of the problems with the property.
The LA have not set out in writing that we cannot attend checkout, this was put verbally over the phone

Sounds like you are far more on the ball than the landlord! :T Get the letting agency to confirm in writing that you can't attend checkout, bet they won't and if they do it won't look good. You want to appear completely open and above board, and I think you are absolutely on track with that.

Kaleidoscope1972

Thank you Firefox..to be honest we are very indebted to MSE which I discovered after moving in as there are a lot of things I wouldnt have known before. I will put something in writing to the LA tomorrow and post recorded.
I have just gone through my inventory with a fine tooth comb and can find nothing about there even being oil in the tank, let alone a certain amount.
Interestingly, something my husband has just pointed out to me is that whilst the house was empty which was many months, LL's parents were coming round and putting the heating on daily as the house was empty between May 2008 and March 2009, therefore I guess its possible that oil was indeed put in the tank(although I dount the amount he claims), but used by his parents.
We are going to put in our letter to LA, that we would like to see proof of when oil was delivered to the property.

omen666

Cant you stipulate that your OH has photos on his mobile phone as to how much oil was in there? Call his bluff?

As for the rest of the advice above, cannot see him getting away with it at arbitration, just might be easier trying to bluff him and getting it out of the way