Letting Agent

Moglet

From what I've read of people's advice on here is that if there wasn't a check-in inventory done then the condition of the property can't be proved, therefore deductions can't be made.

If no mention was made of the condition of a mattress then how can the LL prove it wasn't stained to begin with?

BitterAndTwisted

yhaneef wrote: »

The Check In documentation is in-consistent so could it be disputed?

No, I don't believe that it can. Your opportunity to dispute the check-in inventory was when you checked in. That you didn't satisfy yourself that those things which were noted actually reflected reality is your responsibility.

What I am wanting to know is do i have a leg to stand on, in regards to disputing any of the above.

Thanks for all your help guys

I think we're all aware of what it is you're wanting to know and I believe that all of the advice and opinion offered you so far in this thread is in the negative. I'm sorry that it's not what you wanted to hear.

If it was possible to dispute a check-in inventory after you'd moved out of a property would mean that everybody else could, too. What on earth do you think the check-in inventory is for? You should have walked round the property with the document in your hands and treble-checked everything for yourself. You didn't. Now you'll be charged and your only hope is that the proposed deductions will be reasonable. If they aren't, you dispute the amount but you will have to pay something.

sequence

You can try and dispute everything if you want, but the evidence is stacked against you.

yhaneef

Hello Guys,

The letting agents have come back to us and this is what they have quoted

1. Cleaning – these are items that were not mentioned in the initial check-in report. The cost of cleaning is £150.00.
2. Mattress – replacement. The cost of a new mattress is £199.00

Based on the advise that you guys have given us (and thank you again for this), we cannot dispute the cost of the mattress. However can anything be done regarding the cleaning costs. The apartment was not cleaned when we moved in and this was noted in the check in report, but not to the detail as per the check out report.

Finally if we check with the current tenants if we find that the letting agents has NOT cleaned and property or replaced the mattress before they moved in, would that give us any grounds of appeal?

Thanks for your help once again guys.

angrypirate

yhaneef wrote: »

Hello Guys,

The letting agents have come back to us and this is what they have quoted

1. Cleaning – these are items that were not mentioned in the initial check-in report. The cost of cleaning is £150.00.
2. Mattress – replacement. The cost of a new mattress is £199.00

Based on the advise that you guys have given us (and thank you again for this), we cannot dispute the cost of the mattress. However can anything be done regarding the cleaning costs. The apartment was not cleaned when we moved in and this was noted in the check in report, but not to the detail as per the check out report.

Finally if we check with the current tenants if we find that the letting agents has NOT cleaned and property or replaced the mattress before they moved in, would that give us any grounds of appeal?

Thanks for your help once again guys.

As the lack of cleaning was noted on the check in report then you do not have to pay for it to be cleaned and you can contest this. The fact that the detail is not in the check in report should work for you if it goes to court.

Id also suggest fighting the matress cost. How long were you in the property for? Presumably the mattress was used when you moved in? Assuming that you were in the property for 12 months and the mattress had been used by at least 1 previous tenant again for 12 months thats minimum of 2 years old so approaching 50% of its life span (high quality mattresses should last 10 years but i find landlords rarely buy good quality - they are normally the cheapest ones they can find - so half this is probably being generous). So you would agree to pay half of £199 on the basis you are sent a copy of the receipt.

On the other hand, was a condition of the mattress noted on the check in inventory? If it just said - "mattress, used" and nothing else then i would fight it and say that there is no evidence from the check in report what quality it was when you moved in.

Good luck!!!

yhaneef

Thanks guys

We were in the property for 2 years and there were tenants in the property before that, for at least a year. The mattress was not anything special and there was no notes on the condition of the mattress in the check in report. Should I request a copy of the receipt of the Original mattress as well as a copy of the receipt of the New mattress?

These are the points that I was trying to understand that the check in report missed many of the points that were noted in the check out report. The other guys on have said because the check in report doesn't mention any of these things, the assumption will be that I am responsible for anything that is not noted in the Check In report.

Can I just get a final clarification on where we stand in regards to this.

Thanks a million guys. :-)

dancingfairy

See what I said in post 8 - no they can't charge you for brand new mattress. You need to know how long an average mattress is supposed to last and how old it was when you moved in - it sounds like it wasn't brand new when you moved in and even if it was you've had 2 year's worth of using it. You can perhaps google this or perhaps an experienced landlord would know this?
I would possibly also contest the cleaning charge as if the inventory said the flat was not cleaned when you moved in and you've left it clean and tidy then that's better than it was before - surely?
I'm not sure they will have the original receipt for the mattress?
Yes you are responsible for things noted on the check out but not noted on the check -in unless you wish to make a point of the fact that the inventories are of vastly different standards and you were unaware of how precise they needed to be due to your lack of experience. It will be a hard battle though no doubt and I have no clue how you'd get on. It doesn't sound from the experts that you will have much chance but I don't have any relevant experience on this. - how much money is it all for? and what is it that you object to? - if it's lightbulbs then I think you're stuffed on that one anyway so contesting the check-in report may not help as it would seem fairly sensible to have made sure all worked before leaving.
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ViolaLass

If the mattress and any staining on it was not mentioned in the check in inventory, is the LL really allowed to deduct from the deposit for replacement? Sure, the tenant can't prove that it was stained all along, but the LL can't prove that it wasn't either.

At that rate, couldn't the LL say "there was a jacuzzi in the bathroom and now there isn't"?

angrypirate

ViolaLass wrote: »

If the mattress and any staining on it was not mentioned in the check in inventory, is the LL really allowed to deduct from the deposit for replacement? Sure, the tenant can't prove that it was stained all along, but the LL can't prove that it wasn't either.

At that rate, couldn't the LL say "there was a jacuzzi in the bathroom and now there isn't"?

I believe if the inventory said "Mattress, brand new" or "Mattress, used, in good condition" then the landlord would be able to argue for a reasonble percentage of the cost of a new mattress. If it just says "mattress" then its a pretty crap check in inventory (which it sounds like it is) and i dont believe he would have a leg to stand on.

angrypirate

This

Moglet wrote: »

From what I've read of people's advice on here is that if there wasn't a check-in inventory done then the condition of the property can't be proved, therefore deductions can't be made.

If no mention was made of the condition of a mattress then how can the LL prove it wasn't stained to begin with?

It is a landlords responsibility to be able to prove the claim in the arbitration process. If there is no proof, there is no claim