Help! Landlord went mad during checkout

Morter

I didn't realise that not using an independent party for the checkout could work against him. Although I'm not totally clueless with rental law I've never ever had a problem like this before so it's all a bit of a shock!

After speaking to a solicitor again at work today it does seem like he may have shot himself in the foot by acting in this way, and due to his poor inventory, I'll post updates as and when I hear from him. :think:

may_fair

Morter wrote: »

I didn't realise that not using an independent party for the checkout could work against him.

Read the latest ADR guidelines (pub. May 2011) which apply to all deposit schemes - see link, the last download entitled 'A Guide to Tenancy Deposits, Disputes and Damages'.

http://www.depositprotection.com/document-library/processes.aspx

Mind you, I don't entirely agree with prudryden; many years ago I claimed against a tenant in the county court, for damage, and my before/after condition report was done by me, not an independent clerk. The court was perfectly satisfied with my evidence and I won the claim. These days I do use an independent clerk, however.

Sambucus_Nigra

Can I also point out that if the garden does have Japanese Knotweed then no amount of weeding is going to shift it. Also, any waste has to be removed properly. And as landlord he should have done that, not you.

http://www.environment-agency.gov.uk/business/sectors/31364.aspx

Morter

Thanks for that link may_fair, really helpful.

One last thing for now, I've heard that the landlord has to give us a list of everything that he wants to claim money for within a 10 day period or he may have to return the entire deposit - is this correct or perhaps wishful thinking?

prudryden

Morter wrote: »

Thanks for that link may_fair, really helpful.

One last thing for now, I've heard that the landlord has to give us a list of everything that he wants to claim money for within a 10 day period or he may have to return the entire deposit - is this correct or perhaps wishful thinking?

My contract reads:
1.7 The Agent must tell the tenant within 10 working days of the end of the Tenancy if they propose to make any deductions from the Deposit.

paddy's_mum

Morter wrote: »

He also added that he had now had professional advice

Words like 'goose' and 'cooked' spring to mind, don't they?

may_fair

Morter wrote: »

Thanks for that link may_fair, really helpful.

One last thing for now, I've heard that the landlord has to give us a list of everything that he wants to claim money for within a 10 day period or he may have to return the entire deposit - is this correct or perhaps wishful thinking?

Wishful thinking. The LL will always have the opportunity to counterclaim for damage, whether via ADR or the county court.

Morter

Thought that might be the case. Oh well, we will see what he says, I can't imagine it will be any time soon thought, he took over three months to arrange for a leak to be fixed despite us telling numerous times that it was causing the ceiling to sag, not to mention the 2 months we went without a washing machine...!

mrputney08

mustrum_ridcully wrote: »

You might remind your landlord about reasonable wear and tear (which depends very much upon length of tenancy, number of tenants and quality of materials) http://www.arla.co.uk/information/deposit-protection/wear-and-tear/

You might also want to remind him about betterment and apportionment, the landlord cannot use the deposit to put himself in a better situation that he was at the start of the tenancy and any deductions from the deposit need to take into account the life of the item http://www.arla.co.uk/information/deposit-protection/betterment-and-apportionment/

As a landlady I have to agree with this quote.

Your landlord unfortunately gives landlords a bad name, he is being totally unreasonable.

If he has failed to provide a detailed inventory he cannot prove anything in photos as to the state of the property before and after, this will work in your favour.

Sounds like he just can't be bothered to repaint and tidy, a fact of life that every landlord has to periodically do themselves once in a while!

You have not broken any rules, but I would certainly contact the DPS and ask for forms to begin the process of recouping your deposit pronto.