Landlord trying to make us pay for something we did not break!

L_T_3

When we moved into our flat we noticed that the sofa had a slight indentation in the material. No structural problem so we did not think to mention it on our inventory for... big mistake.
Now that we have moved out of the flat, they are trying to claim that the sofa is no longer structurally sound and are now trying to charge us for the cost of replacing it.
It obviously was structurally sound when we were there as it was used for 2 years with no problems.
They also did not tell us about this charge until over 2 weeks after their initial move out inventory was completed. This is after the new tennants have moved in. When we try to claim that they cannot prove it was us, they say that the sofa was new on us moving in (which it is not as we saw it in the flat 6 months before at our viewing) and that when the move in inventory was completed with the new tennants, the problem was found then.
Is there any way that we can try and fight this further as we do not agree that we shoulod have to pay for something we did not break.

DizzyDasher

Are you in England? If so your deposit should be in a protected scheme, and it's simply a matter of going through their process. If not I think you would need to either (a) get him to put it in after the event and use their dispute process, or (b) sue him for it in the small claims court, but others with more knowledge than me will be along soon!

If you say the sofa was not new and the landlord says it was, then I would expect that the onus would be on him to prove it (receipt from the time, or inventory) - as he's the one claiming financial compensation. He'd also need to show that it needed replacing (couldn't be fixed), and would need to take account of the fact that it wasn't new when he replaced it (so would need to adjust the price of a new sofa for the fact that you happily used it for 2 years).

I think normally if something is brand new the inventory would say so. For example, when we moved into our last flat the inventory said that the kitchen bin was new (which it was, still had the label on it!) Did your check in inventory say it was new? Are there good photos of the sofa? Do they show the indentation (or lack of indentation)?

If the inventory said it was new, or had a photo good enough to see there is no indentation there, then you may struggle. Otherwise I would have thought you have a good case.

DizzyDasher

Another thought ...

Are you saying that no problem was noted on the move out inventory, but only when the new tenants moved in? If so I would have thought that strengthens your case (something could also have happened inbetween: maybe the dent is coincidence and something DID happen inbetween?? E.g. if the landlord had cleaners or decorators in who stood on a weak point).

BitterAndTwisted

They can't charge for the full price of replacing it, only a proportion of whatever useful life you have deprived them of. Which in the case of furniture in a rental property I would estimate at five years on the outside.

Ask to see the original receipt for the purchase before you negotiate anything. Tell them that as far as you are concerned the item was in no worse condition at the end of your tenancy than it was at the beginning.