HELP with landlord

Scandi90

I moved out of my last studio flat in London in February. I have never met the landlord, we have only corresponded through email, she's always traveling.
She sent me a long letter, demanding a total 900 pounds for me for that flat (which I assume she'll take out of the deposit).
When I moved out I had ordered cleaning of the apartment and therefore left the keys in the reception area. The woman from the agency went in there earlier than planned while I was in school so I couldn't be there to go through or check the cleaning. There is a couple of things I couldn't fix (a table) and I couldn't replace the quilt I took with me (the quilt which was there was extremely low quality which the inventory confirms, I bought a much better one which I had to take with me temporarily but was planning to put back before giving the flat back, but as mentioned, didn't have the time).
I'm happy to pay for that. But the problem is the other things:

- She claims I took saucepans from the place worth 300 pounds. I have NOT, I have barely even cooked when I was there.
- She says I owe 200 for a broken bed. The bed is the kind with bars underneath, and sometimes they jump out. The bed fell down on one side while I was sleeping silently several times, I just had to push the bars back in. It was lousy quality (like the rest of the flat), but I have not done anything to it and I haven't been jumping or having hysterical sex. If you cannot sleep silently in a bed without it falling apart, it's not my fault. It's in the same condition as originally. In the inventory, it is mentioned that it is slightly unstable.
She also demands a professional cleaning (I had it professionally cleaned, but apparently not good enough plus a number of stuff).

I don't know how to deal with this. My deposit is being held by the agency and they are waiting for permission from the landlord to release it, which she obviously won't give. I'm especially annoyed with this seen in the light of the situation that the flat is hideously overpriced, I paid 6 months rent upfront without any discount and she has always been away whenever I've needed help with something, like internet etc (not replied to email for a long time). It is a very tiny one-room studio at 260 pounds a week (pricy area).

Here's the thing: I asked the woman from the agency to attach the signed inventory. When I looked at it, I couldn't remember having seen it before. I remember there was a whole lot of stress at the time I moved in (began new studies at the time), and that perhaps it passed me by. But I hadn't signed it. I emailed the woman back and asked if that was the only copy. She said yes and that "I believe this is the only copy. If you do not attend the check in then when we send you the inventory we give you 2 weeks to check and let us know if you do not agree with it."

Is this how it works? So I am responsible for the inventor they set up even though I haven't signed?

Hump

No signed inventory means you'll have a stronger case when you opt for your deposit scheme's arbitration process - check your deposit scheme's website for their dispute process - good luck

Kynthia

Have you disputed the deductions in writing with the agency yet and done the same with the deposit protection scheme?

Scandi90

Kynthia wrote: »

Have you disputed the deductions in writing with the agency yet and done the same with the deposit protection scheme?

I was just given the code for the Dispute Service so I will fill in the form. They say they want the landlord and tenant to try and solve it before contacting them. I haven't informed the landlord that I am contacting them though, and am not sure if it is necessary. She sent me an email asking for 800 pounds, I responded and explained I don't owed that, she sent a new one, saying the same as she did before. That's about the correspondence we've had, but I don't see her changing her mind.

BitterAndTwisted

WRITE TO THE LANDLADY RIGHT NOW, also sending a copy to the agent. Explain that you were not furnished with a check-in inventory during your entire tenancy and that is why your signature is not on it. Consequently you dispute any deductions from your deposit, bar the removal of the cheap quilt which you are happy to pay the replacement-value of but considering its very poor quality and apparent age you are willing to pay a her a fiver in compensation for it. Keep a copy of your letter so you can furnish the deposit-protection scheme's arbitrators with a copy if she persists in trying to make an unfair deduction from your deposit.

Meanwhile, get onto the schemes' website and claim the whole of your deposit back bar a fiver.

What your rent was and how many months you paid for in advance are not relevant. You went in there with your eyes open. Or should have.

poppy10_2

Don't accept any deductions. The burden is on the landlord to prove the deductions are justified, and without an inventory she will have difficulty doing so. Raise a dispute with the DPS stating you cannot resolve things with the LL and demand your deposit back in full.

Scandi90

poppy10 wrote: »

Don't accept any deductions. The burden is on the landlord to prove the deductions are justified, and without an inventory she will have difficulty doing so. Raise a dispute with the DPS stating you cannot resolve things with the LL and demand your deposit back in full.

You don't think I should deduct the small costs for the sheets? Just to be straight I mean. Because I do in fact owe her for that.
I am not sure about the inventory...the agency assistant said that as I didn't sign it within two weeks, the rule is that I accepted it.

Scandi90

BitterAndTwisted wrote: »

WRITE TO THE LANDLADY RIGHT NOW, also sending a copy to the agent. Explain that you were not furnished with a check-in inventory during your entire tenancy and that is why your signature is not on it. Consequently you dispute any deductions from your deposit, bar the removal of the cheap quilt which you are happy to pay the replacement-value of but considering its very poor quality and apparent age you are willing to pay a her a fiver in compensation for it. Keep a copy of your letter so you can furnish the deposit-protection scheme's arbitrators with a copy if she persists in trying to make an unfair deduction from your deposit.

Meanwhile, get onto the schemes' website and claim the whole of your deposit back bar a fiver.

What your rent was and how many months you paid for in advance are not relevant. You went in there with your eyes open. Or should have.

I do have the inventory, I just found the email with the inventory attached (which had gone in my spam folder). So yes I was presented with the inventory and it says in the email that I must make any comments within seven days otherwise I accept.
So could be they have right on their side when it comes to the inventory. But it still says about the bed that "Bracket to one
corner partly detached ( screws out) – requires attention". So obviously the bed was damaged from before.
It says saucepans in the inventory list. It is obviously my fault that I did not go through it, most likely the previous tenant took them or the landlord is trying to screw me. But it just say "Stainless steel single handed saucepan" etc., I think it's insane to demand 358 pounds of me for these.

Kazzaroo

Scandi90 wrote: »

I do have the inventory, I just found the email with the inventory attached (which had gone in my spam folder). So yes I was presented with the inventory and it says in the email that I must make any comments within seven days otherwise I accept. - Maybe an unfair term and therefore unenforceable also you are not allowed to serve any documents via email so neither can they
So could be they have right on their side when it comes to the inventory. But it still says about the bed that "Bracket to one
corner partly detached ( screws out) – requires attention". So obviously the bed was damaged from before. - evidence that the bed was faulty at start of tenancy so it could be deemed as fair wear and tear so not claimable by LL
It says saucepans in the inventory list. It is obviously my fault that I did not go through it, most likely the previous tenant took them or the landlord is trying to screw me. But it just say "Stainless steel single handed saucepan" etc., I think it's insane to demand 358 pounds of me for these. extortionate cost for a single item,refuse to pay under the reason of betterment and buy a "stainless steel single handled saucepan" and keep the receipt to show arbitration process

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dgtazzman

If there's no signed inventory, there's no case. I'd just admit to those few small items you do feel responsible for and offer a fair price for these (NOT the new value) and all other items I'd just dispute with a comment down the lines of:

Item in same condition as at start of tenancy (or with the cookware, items missing at start of tenancy), if landlord claims otherwise, please provide sufficient documented evidence signed by both parties.

As there is no countersigned inventory, the LL doesn't have a leg to stand on.

Same goes for the cleaning, they can't show what the condition of the place was when you moved in, so they can't make claims on the basis that it was in a worse condition when you left. If you have a receipt for the cleaning you had done, that would make it even better for you, just forward a copy to the DPS to show the place was professionally cleaned.

Kynthia

This thread is over a year old.