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

Kaleidoscope1972

omen666 wrote: »

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

It would be difficult to call his bluff this way as there is no working guage on the tank so the only way to check the oil level is to dip it..same way you would a car

princeofpounds

Don't engage in any games, because these things will come up at arbitration and the arbitrator will not be happy that these 'photos' have disappeared - and that disappearance might even be evidence that they were not favourable.

As I said, just say no, and contest any deposit deductions based on the evidence.

Kaleidoscope1972

princeofpounds wrote: »

Don't engage in any games, because these things will come up at arbitration and the arbitrator will not be happy that these 'photos' have disappeared - and that disappearance might even be evidence that they were not favourable.

As I said, just say no, and contest any deposit deductions based on the evidence.

no, we dont plan to, we will merely offer what we know.
Im very upset at the prospect of having to attend arbitration though as Im 6 months pregnant and have lots of pregnancy related problems inc diabetes which stress is not helping.

I noticed during the phone call that the LL'S general attitude had changed, the way he spoke to me..this was before I mentioned the oil, it was as if he was expecting to come back and find we had trashed his house..

Gorgeous_George

I'm in the 'Say NO' camp.

It is for your LL to prove that the oil was in the tank. A reasonable person would not think that he would have filled it. Arbitrators are usually reasonable people.

Have you kept a diary of all the problems that you've had? If not, rough dates will do.

Not only should you be asking for your deposit back in full you should have received a rent reduction due to his failure to undertake repairs in a timely manner.

Your bottom line should be £1,000 in your bank within 14 days. No oil, no burn his house down (tic).

GG

Lavendyr

Kaleidoscope, I don't know which service protects your deposit, but this document may set your mind a bit at ease as to how the process works (at least with TDS, would imagine it would be similar for the others) It doesn't appear as though you actually have to appear anywhere yourself to present evidence, just have to put across your side of the story. The LL would then need to present evidence to support his assertion that you should fill up the tank with oil when you leave.

http://www.thedisputeservice.co.uk/resources/files/TDS%20L%20Progress%20of%20a%20dispute.pdf

Kaleidoscope1972

Lavendyr wrote: »

Kaleidoscope, I don't know which service protects your deposit, but this document may set your mind a bit at ease as to how the process works (at least with TDS, would imagine it would be similar for the others) It doesn't appear as though you actually have to appear anywhere yourself to present evidence, just have to put across your side of the story. The LL would then need to present evidence to support his assertion that you should fill up the tank with oil when you leave.

http://www.thedisputeservice.co.uk/resources/files/TDS%20L%20Progress%20of%20a%20dispute.pdf

Thank you, thats very helpful;)

ceebeeby

I wouldn't put anything in the tank at all ... I think he's having you on!!!

I agree with everyone above:
photograph everything
be present at checkout
record every communication in future

chappers

Does it say in the tenancy agreement you are responsible for the oil, that is the crux of the matter, then proving the consumption is the next thing.
You say you have put two lotts of oil in the tank, how long did the first lot last, that would be the key to working out your consumption, for the whole of your tenancy.

Gorgeous_George

No, the key is 'Can the LL/LA prove how much oil was in the tank at the start of the tenancy?' I doubt it. Therefore it may have been empty or full or somewhere inbetween. The reasonable arbitrator can only assume it was empty as why would a LL/LA in their right mind NOT get written agreement as to how much oil was in there.

GG

DVardysShadow

Kaleidoscope1972 wrote: »

... 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.

I suggest that you don't get involved in that aspect for the moment. Just stick with the inventory and leave the proof of oil delivery until a more concrete attempt to charge you for oil. The less time they have to organise their defence the better.