trying to get bond back

smiggi.123

we moved into a property stayed 6 months til tenancy wa up gave a months notice n rent for a month tht no one is living in it
now the landlord is saying that we have caused x amount of damage tht was present when we moved in so we don't get our bond back etc i explained it was there before we moved in as was previous tenants fault etc but the landlord told me over the phone today that we are liable for it
any advise the money for the bond is in a payment protection scheme etc just need some advise on what to say too them

Yorkie1

Was there a written inventory when you moved in? Did you sign a copy?

In order to deduct anything from your deposit, LL has to prove a) that the damage was not there at the start of the tenancy, and b) that the damage constitutes more than fair wear and tear.

smiggi.123

inventory was taken after we moved in
bath taps moved before we moved in ...they new of this tht they leaked
they new there was a baby gate on stairs but previous tenant had a baby gate up aswell
the previous tenant punched a door in bedroom and also chipped the front door
the only thing tht got fetched up wen we handed keys back were marks on carpet from felt tip i have spent hrs cleaning it the bath tap and the baby gate marks
the doors tht they r tranna do us for were done before we ever moved in tht is wot they r tranna get us for which wud take all r bond

Yorkie1

Were the marks on the doors shown on the inventory when it was made up?

Did you sign the inventory?

Ulfar

Did you note on the check in inventory the state of the property ?

smiggi.123

i didnt sign the inventory just the tenancy agreement
they noted all the repairs tht needed to be done by themselves such as cracks in walls tht never got done
they had to walk thru the front door t notice the chip in the panel and they did 3 inspections on the previous tenant n never once noticed the chip in the door or the hole in the bedroom door
they were never put on the inventory

Ulfar

Okay, if you didn't sign the inventory and keep a copy there is nothing to stop them providing a completely made up inventory that shows no damage.

rentergirl

Have you had an earlier conversations with LA regarding this damage? Contest this via deposit scheme. They are trying to keep your money.

Wantahouse_2

Ulfar wrote: »

Okay, if you didn't sign the inventory and keep a copy there is nothing to stop them providing a completely made up inventory that shows no damage.

Which would be unenforceable if the OP didn't sign it. OP from what I've read on this site, dispute any deductions with the deposit scheme - if there is no signed inventory the LL can't prove you caused any of the damage, so they won't be allowed to deduct anything

Ulfar

Wantahouse wrote: »

Which would be unenforceable if the OP didn't sign it. OP from what I've read on this site, dispute any deductions with the deposit scheme - if there is no signed inventory the LL can't prove you caused any of the damage, so they won't be allowed to deduct anything

Its not quite that easy the judge in small claims will go with balance of probability and who provides the best case. The Letting agent could state that the tenant would not sign the inventory and then present their fudged copy as evidence.

The OP would have no defence to this as he had seen the inventory but decided not to sign it, it would then be a matter of each party disputing whether the presented inventory was valid or not.

Its not quite the same as there was no inventory presented to the tenant at all.