Moving Out Headaches ! ! !

david14700

Sorry, but problems with LL and moving out are giving me so much stress, it's unreal. I'd really appreciate any help you can provide:

1) Before we've always had dual signed inventories after the clerk does the inventory in front of us in the flat. This time, Foxtons just sent us an inventory a few days after we moved in and we never got a chance to go over it with them. It only listed items in the flat, and didn't mention marks on carpets, walls and ceilings. Does that mean we have to pay for every single piece of damage now? The flat was not cleaned at all and was left in the original state as the previous tenants had left it, with mud and footprints all over the carpets. The carpet is very old and the walls have not been painted for a good few years. We have caused a tear in one room in the carpet and we will pay for it but the carpet is so old it is just one of several areas of damage already there. I don't want the LL to make us pay to redecorate the whole flat but I think that is what he will do.

2) There is a lot of water damage on the walls and ceilings where rain water has seeped in. There are cracks in the plaster and areas of the wall where molds have damaged the paint. It was all there when we moved in, and we complained to the LL and the agent several times in writing. The LL just kept telling us to close the windows properly when it rained and to make sure we aired the flat as much as possible. He kept saying we were donig something wrong to let the water in and blaming us. The corner with the worst damage is about 8 feet from the nearest window and the window sills fill with water when it rains even when they are fully locked.

I don't want to go to the expense, but I think I may have to instruct a surveyor to do a water damage report, and these cost about £300 but will show that the water is coming in through the walls from the outside.

3) I had to buy 3 space heaters when the boiler stopped over the winter for several months. The LL insisted his own plumber fix it, and wouldn't let us find one of our own, but his one was never available. I asked him in writing beforehand if he would pay for them, but he ignored my emails. I had to buy them if we going to stay in the flat, and now I'm wondering is it too late to ask him to pay for them?

There are so many issues like these, it's driving me crazy but anyway, thanks for any help.

David

poppysarah

You could have checked the inventory and amended it and sent it back.


Take the space heaters.

Take photos of the place after you've given it a good clean. Show the carpet is old and worn all over. He can't better his property off your deposit.
Include copies of the letters about the damp.

Take photos of meter readings too when you leave -

BitterAndTwisted

If there's no mention of the condition of the property and its contents in the inventory the landlord is going to have a very hard time proving that you caused any of this damage during your tenancy. I believe when there is a dispute the onus is on the landlord to provide proof of their position rather than the tenant. Do you have any witnesses who can verify that the place was in a state when you moved in?

BitterAndTwisted

Reported as abuse

G_M

david14700 wrote: »

This time, Foxtons just sent us an inventory a few days after we moved in and we never got a chance to go over it with them. It only listed items in the flat, and didn't mention marks on carpets, walls and ceilings. ........
David

Did you sign and return it? If so, why? If not, it is meaningless.

If it does not mention condition then how will the LL prove the condition on check-out is worse than on check-in? He can't. So you will not be liable.

david14700

Thanks for all the responses and suggestions!

I will definitely take photos of all the damaged areas, and the state of the carpets, windows, etc. to show just how old everything is.

Cheers!

clutton_2

this is another classic example of both poor letting agent practice (not having gone through the inventory with the tenant on move in) AND poor tenant practice also..

OP you were sent an inventory but say ""This time, Foxtons just sent us an inventory a few days after we moved in and we never got a chance to go over it with them"

I can see no reason why you should not have completed it yourself, signed it, copied it and sent it back..

An inventory is primarily for the benefit of the tenant.. so that a LL cannot claim pre-tenancy damage on the current tenant....

If a tenant does not cooperate in the completion of this document at the beginnig of the tenancy , its no good being stressed at the end of the tenancy is it ?

lizzielondon

can it not be argued that regardless of the tenants not signing the inventory and sending it back there was no schedule of condition carried out at all?

Jediben

I don't want to sound like a cheeky !!!!!!, but I went through a situation very similar to your own - the inventory was never created and I had a few problems with structural faults and damp that were never rectified by the LL. I got my deposit back in full with some poorly veiled accusations of incompetance to the Letting Agent.

Did the inventory arrive by recorded mail? Did you ever sign or confirm receipt of it in writing? The LA is meant to provide you with the copy after all, and they should be ensuring the inventory is confirmed on behalf of the LL. As I have experienced myself, a non-existant inventory will make check out a very brief process!

You don't mention how long you have been at the property, nor if you mentioned any of the problems in writing to him or the LA. If it's more than 12 months and he took no action at all to alleviate the problems, it's all ammo for you. Check also that your deposit was in a protection scheme within 14 days of your payment of it.

If you are certain that there is no signed inventory, stick to your guns and accept no liability for anything in my opinion. Perhaps you could raise the non-existance of the inventory with Foxtons in a discreet letter asking for a copy of your signed inventory from your move in date, and then watch them panic?

Judith_W

I know the answer to this one! Unless the inventory states the condition of everything before you moved in, you can in theory trash the place and the landlord has no come back. OK slightly extreme but the basic jist. If for example the carpets are not stated as clean and in good condition apart from slight wearing by the stairs or something, they could be in theory threadbare before you moved in with stains everywhere. As a result any damage caused whilst you have been there, if the inventory does not explicitly state was not there when you moved in, they cannot charge you for.