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LL didn't fill up oil tank as claimed
jimpix12
Posts: 1,095 Forumite
Hi, I am about to vacate a rented property at the end of March and the terms of the tenancy state that I need to leave the oil tank full - "as it was when I moved in" - which it wasn't. I didn't check it, of course, but the oil ran out within about 6 weeks of moving in. Being a new build and trusting the LL I didn't think it'd be necessary to check it - duh.
In October 2011 I had it filled about 1/3 up and it's now run out, so I know the LL didn't fill it up before as it ran out (in Summer when no heating is on etc) in about 6 weeks!
I'm obviously reluctant to fill it up fully before I vacate as the LL didn't bother and I feel is trying to swindle me. However I have just ordered another 1/3 of a tank again to last for a few more months as I vacate end of March, do I have a case with the Deposit Protection scheme for disputing this? as I expect the LL will try to get me to pay for a full tank!
Counting down the days for when I don't need to deal with any more dodgy landlords.
In October 2011 I had it filled about 1/3 up and it's now run out, so I know the LL didn't fill it up before as it ran out (in Summer when no heating is on etc) in about 6 weeks!
I'm obviously reluctant to fill it up fully before I vacate as the LL didn't bother and I feel is trying to swindle me. However I have just ordered another 1/3 of a tank again to last for a few more months as I vacate end of March, do I have a case with the Deposit Protection scheme for disputing this? as I expect the LL will try to get me to pay for a full tank!
Counting down the days for when I don't need to deal with any more dodgy landlords.
"The only man who makes money from a gold rush is the one selling the shovels..."
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Comments
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You have answered your own question. It's your word against his, and now you know to check. Sorry. good luck in the new place!0
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I understand I'm up against it, just wondered about the dispute process. I'm keeping receipts for oil I've paid for, hoping that will do something.
If the deposit wasn't so high I'd do a bunk..."The only man who makes money from a gold rush is the one selling the shovels..."0 -
The level of oil which was in the tank when you started the tenancy should be recorded on the entry inventory. Was there an entry inventory? Does it mention the oil? What does your copy say? You do have a copy don't you?
Without an entry on the inventory, the Landlord will be hard pressed to claim anything for oil.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
I do have a copy, will check later. Didn't think of that, hopefully it's recorded."The only man who makes money from a gold rush is the one selling the shovels..."0
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If it is not, don't fret. It means that the Landlord cannot prove the amount in the tank at the start of the tenancy, which means that you get the benefit of the doubt.spunko2010 wrote: »hopefully it's recorded.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
spunko2010 wrote: »I understand I'm up against it, just wondered about the dispute process. I'm keeping receipts for oil I've paid for, hoping that will do something.
If the deposit wasn't so high I'd do a bunk...
if you think they're going to keep your deposit, withold part or all of the last month's rent, and on moving out state "you can keep the deposit"
Oh, you wee bazza!0 -
DVardysShadow wrote: »If it is not, don't fret. It means that the Landlord cannot prove the amount in the tank at the start of the tenancy, which means that you get the benefit of the doubt.
You're right that they can't prove it, however, as the OP signed a tenancy agreement that says they have to leave the oil tank full it could be argued that it makes no difference how much there was in it when they moved in. It's not an argument I would agree with morally but it's hard to ignore.0 -
DVardysShadow wrote: »The level of oil which was in the tank when you started the tenancy should be recorded on the entry inventory. Was there an entry inventory? Does it mention the oil? What does your copy say? You do have a copy don't you?
Without an entry on the inventory, the Landlord will be hard pressed to claim anything for oil.
I agree the level of oil should have been recorded, agreed, and signed, on the inventory.
However, the OP says
and this provides the landlord with an alyernative record, also signed by the tenant, albeit not as conclusively.the tenancy state that I need to leave the oil tank full - "as it was when I moved in" -
If it went to dispute, I suspect the deposit scheme (or court if it went there) would rely on this unless the tenant could convince them (via receipts ect) that the tank had not been filled up at the start.0 -
It might not be the LL trying to swindle you, of course-oil thefts have risen massively in the last few years. A nice new full tank on a newbuild before anybody moves in...could be a tempting target.
There's still time to have a friendly chat about it-although when you first discovered the problem would have been better.import this0 -
Surely it would be quite hard to use an entire tank of oil in just 6 weeks, so you'd just need to show your receipt of when you had to re-fill the oil tank to prove that the tank was only 1/3 full when you moved in.
If you purchased a full tank 6 weeks after you moved in, this will help your case further, as it shows the tank was empty.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0
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