Damages.

russxiii

Coming near to the end of my tenancy, given my months notice now too.

Theres a great big long list of damages in this property and i've reported most of them to the LA and they were never done. Iv since noticed after re-reading the letter that i've neglected to mention other things. Now i've given my months notice would there be a case against me if i were to report more damages that i know about if they were to dispute responsibility (like 99% of the other damages).

New to this renting lark in case you can't tell.

19lottie82

did u report them, at the time, in writing?
do you have a check in / out inventory?

russxiii

a check in inventory was never took by the LA. despite me contacting them to do so (in person so not concrete by any means).

I also complained about some of the problems and was told when moving in about certain problems "they will be fixed/moved" all verbally. nothing in writing.

however earlier this month i put all the problems in writing and hand delivered it to them, taking a copy of course.

check out inventory im assuming will not be took, but hey they will probably do one to attempt to do us over...forever the pessamist.

Werdnal

Did you pay a deposit? Is it protected in a scheme?

A claim for damage requires proof that you are responsible, ie a record of condition at the start and end of the tenancy. By the sound of it, there was no formal check-in inventory, so the check-out inventory has nothing to compare to.

If your deposit is protected, you use the scheme to mediate between you and the LL for any deductions they claim. It is up to the LL to prove you are responsible, and it sounds unlikely he has that proof.

G_M

If the 'damages' were caused by you, then you are responsible. If they were already there when you moved in, or were the result of natural aging/breakdown (ie the boiler breaks, a slate blows off the roof) then the landlord is responsible.

In order for the LL to claim against you, he has to be able to show you caused the damage.

Without a check-in inventory, the LL cannot prove the damage was not already there when you moved in, so cannot prove you caused it.

As Werndall says, if your deposit is registered in a scheme (as it should be if you are in Eng or Wales), you can use the scheme's dispute arbitration process if the LL tries to make deductions from your deposit that you disagree with.

Is it scheme registered?

russxiii

scheme's registered, sounds like they haven't got anything to moan about then brilliant. thanks guys