Trying to be conned again! Can LL deduct from deposit when there was no inventory?

ajm410

Hi everyone!

I have been posting on a different blog, but now I have a whole new problem concerning a different rented property that I’ve just moved out of.

Basically, we moved in 12 months ago – there was a huge stain on the carpet in the living room. We told the letting agents about it, but there is no written proof of this.

This is also because an inventory was NEVER given to us. We requested on (again, no evidence now however), but they said that the LL was OK not having one if we were, so we said OK.


Anyway, just moved out and waiting for the deposit back that is protected with a TDS.

They have come back saying the LL wants to deduct £450 to replace the carpet due to damage!!!!!! He also wants to deduct costs for stains to the sofa’s (there were no stains as we had throws on the sofas throughout our time there).

Can anyone help please?

Will we have to pay this money? Because there was never an inventory, does this mean that there is no proof that we did it?

The only thing I have that would suggest so is the tenancy agreement, section 10.1, which I have pasted below (because we never had an ‘inventory and Schedule of Condition’):

The condition of the premises: repair, maintenance and cleaning
To take reasonable steps to keep the interior of the Premises and the Fixtures and Fittings in the same decorative order and condition throughout the Term as at the start of the tenancy, as noted in the Inventory and Schedule of Condition. The Tenant is not responsible for the following...

Please help if you can!!!
Thanks!!!!!!!

BitterAndTwisted

Contest every single deduction which you disagree with. During the dispute process the onus of proof lies with the landlord and if they can't come up with a signed inventory I can't see how they could succeed.

RAS

Are you saying there was no inventory or that you did not get a copy of the inventory?

DVardysShadow

ajm410 wrote: »

The only thing I have that would suggest so is the tenancy agreement, section 10.1, which I have pasted below (because we never had an ‘inventory and Schedule of Condition’):

The condition of the premises: repair, maintenance and cleaning
To take reasonable steps to keep the interior of the Premises and the Fixtures and Fittings in the same decorative order and condition throughout the Term as at the start of the tenancy, as noted in the Inventory and Schedule of Condition. The Tenant is not responsible for the following...

Please help if you can!!!
Thanks!!!!!!!

What Bitter and Twisted says. Your argument must be that you have complied with the tenancy agreement to the letter and have made absolutely no attempt to remove the stains which were present at the start of the tenancy....

ajm410

We told the letting agents that we had yet to receive an inventory shortly after moving in, and they came back with "No problem, the LL is OK with not having one" (none of this is documented, however).

But we never signed an inventory of any kind!

Unless anyone suggests otherwise then, I'll just refuse to acknowledge any of it

I'm so annoyed though - the last two places I've rented have tried to be conned by both LLs even though I've been the model tenant! - what is the world coming to?

Thanks for all the continued help though - would probably of lost it by now otherwise!

RAS

if he has no inventory, he cannot make any deductions as he has no proof of damage.

adg1

No inventory = no deductions

It was like that when you moved in wasn't it???

Take everything he tries to decuct and dispute it. Without an inventory, it will be impossible for him to prove you did it, and hence he can't make deductions.

More fool him.

Would anyone rent a property without a deposit? No.

Would anyone rent a house without third party inventory/check in? Probably. Unfortunately, it is now effectively the same thing with the onus on Landlords to prove the tenant is guilty.

ajm410

Thanks again

I've gone back to the agent stating that it was already there when we moved in, and that we would fight against the deuctions as far as is necessary because no inventory ='s no proof.

Hopefully it will just be dropped now.

I just get the feeling LL's think tenants are gonna roll over and let them get away with what is effectively theft! Forget that!!! - I'll let you know where I get with this