LL didn't fill up oil tank as claimed

jimpix12

Thanks for the replies. Certainly a moral question....

I feel I should clarify that the landlord is a total !!!!, and the place is falling apart. That wasn't an mistake earlier, the place IS a new build. Washing machine doesnt work, cesspit doesn't work, fridge doesn't shut, tiles falling off the wall, front door cracked, etc etc. I have a list of 31 things that I've emailed to him many times over the past 6 months and only 1 has been fixed (and since broken again). I've fixed some of them myself, given up on the others. The other tenants just disappeared overnight after withholding rent as they had no hot water for 2 months as the LL wouldn't fix it.

If he was a legitimate landlord, then I would have no qualms in paying as I signed on the dotted line. On my previous tenancy the LL put in a claim for £300 and I didn't dispute it, as it was a fair and reasonable claim, so I am not a dodgy tenant. Admittedly it's probably quite suspicious to some that I am only mentioning this now. But with these in mind, I don't have such an issue with doing a runner if need be. I know there are landlords in particular here who will scorn someone for doing that, but oh well.

Anyway thanks for the replies, I will check the inventory and go from there.

Edit: Tank has an alarm so oil theft is unlikely.

Maestro.

Don't feel so bad, I recently got my LA up to talk about issues with the house... he told me that the drafty taped up window isn't an issue, the lock that barely catches will have to be fixed by me, and the damp that is on two walls in only one part of the house is "condensation" despite open window/dehumidifier.

So I wouldn't worry yourself matey, they're all at it one way or another

seriously, in your situation I would consider the suggestion I made earlier. it seems your only viable option, as you probably won't get anything else out of the LL.

jimpix12

Just checked the inventory:

Oil tank Level: Level 9 on Watchman
Depth: Not measured

But guess what? The Watchman still says Level 9 even though it's empty, and always has....

So that either makes it easy to dispute as I could show the DPS it's showing level 9 all the time, or makes it just as difficult... Guess I'll have to fly by night :T

pararct

spunko2010 wrote: »

Just checked the inventory:

Oil tank Level: Level 9 on Watchman
Depth: Not measured

But guess what? The Watchman still says Level 9 even though it's empty, and always has....

So that either makes it easy to dispute as I could show the DPS it's showing level 9 all the time, or makes it just as difficult... Guess I'll have to fly by night :T

In which case when you vacate the property say nothing about the oil level. The LL will check it and assume it is full.

For peace of mind you could consider taking a digital photograph of the gauge on the day of departure with say a copy of the Mail or other daily in the shot to prove date. You then have evidence it was full when you left if the LL disputes this later.

Alias_Omega

^

No real need, just ensure that on the checkout inventory the guage level is noted.

The checkout inventory, and checkin inventory should be checked for errors/faults with the property and raised accordingly.

tbs624

Maestro. wrote: »

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"

Glad there is a wink after this suggestion. Paying the rent in full and on time is a contractual obligation.

LL can always pursue the T for unpaid rent/oil owing via the small claims court provided he has appropriate evidence

Just as the LL cannot make unilateral decisions about what is a justifiable deduction from a deposit neither can a T.

tbs624

pararct wrote: »

In which case when you vacate the property say nothing about the oil level. The LL will check it and assume it is full.

For peace of mind you could consider taking a digital photograph of the gauge on the day of departure with say a copy of the Mail or other daily in the shot to prove date. You then have evidence it was full when you left if the LL disputes this later.

my bolding. Have you no shame - the Mail?;)

Trouble is with this suggestion, it may be that the T is held responsible for (a) damaging the gauge and/or (b) failing to report that it wasn't working properly from the start of the tenancy.

Receipts for Ts purchases plus the state of the gauge need to be discussed with the LL prior to the Ts exit - it doesn't sound as though the LL is deliberately trying to pull a fast one. Both LL and T seem to have relied on what appears to be a faulty gauge.

jimpix12

tbs624 wrote: »

. Both LL and T seem to have relied on what appears to be a faulty gauge.

Food for thought, I wish that was the case too... however I honestly doubt it. The property is new, nobody lived here before me, unless the LL left the heating on by accident I don't think it's easy to claim you are oblivious to there being practically no oil in the tank .. when you built the place. Granted it was vacant for a few months but in Summer if left on, you'd notice the heat I'm sure.

Me: "Hi, I'm vacating your property. Just to let you know, the oil gauge doesn't work, so I'm leaving the tank almost empty as that's how it was when I got it".

LL: "No it wasn't..."

etc

There are many reasons why the other tenants withheld payment, put it like that.

Maestro.

tbs624 wrote: »

Paying the rent in full and on time is a contractual obligation.

As is getting your deposit back, providing you haven't absolutely wrecked the place. Sadly, I've heard and witnessed many stories where the landlords don't think like that, and think they can steal your deposit off you.