LA holding deposit

Tyler119

In this particular situation, whoever carried out the inventory process prior to you moving in would be negligent in there duties. If the landlord used an inventory clerk, or someone from an agency carried it out, then the landlord needs to take it up with them.

anselld

Tyler119 wrote: »

In this particular situation, whoever carried out the inventory process prior to you moving in would be negligent in there duties. If the landlord used an inventory clerk, or someone from an agency carried it out, then the landlord needs to take it up with them.

No. A mistake on the inventory does not excuse or legalise theft. It just makes it more difficult to prove.

davidmcn

anselld wrote: »

No. A mistake on the inventory does not excuse or legalise theft. It just makes it more difficult to prove.

Indeed. It would seem rather odd for a previous tenant to leave behind a safe (and have not turned up at the door by now asking for it back). Whereas the landlord obviously is missing a safe, whether or not it was on the inventory.

Tyler119

anselld wrote: »

No. A mistake on the inventory does not excuse or legalise theft. It just makes it more difficult to prove.

No sure what you are saying no to. The landlord does need to take it up with whoever carried out the inventory, they were negligent. Whoever carried out the inventory then needs to decide if they wish to purse the OP for the theft / cost of whatever they had to reimburse the landlord with.

If the landlord knew after the previous tenant left that a safe was not taken, then he had a duty of care to contact them and allow them to return to collect it, within a reasonable amount of time. He could not have just decided to leave it in the property. The same as the OP could not just decided to take an item that was not on the inventory. Further the landlord would have had the chance to review the inventory and should have noted that the safe was not on it.

I was not condoning or suggesting that they have not done something wrong; they have.

EdwardS033

Just because someone (Landlord/agent/inventory clerk) forgot to list the safe does not give you the right to take it. Say for example they forgot to list the light fittings would you have taken them?

[Deleted User]

I also agree, why are you even asking what your 'rights' are about this safe that you took, that wasn't yours to begin with? Why not just take it back if they want it? Buy one of your own.

theartfullodger

Two points perhaps

a) Deposit is tenant's money and unless landlord raises a formal dispute with deposit scheme should promptly be returned to tenant.

b) Safe was not on inventory & until asked for it, tenant appears not to have been informed until recently that landlord claimed it is his. Fine, tenant write to landlord stating if it is his he is of course entitled to it so would he kindly provide evidence - purchase invoice - that it is his. It could well be property of an earlier tenant. In the absence of a purchase invoice would landlord kindly provide address of the previous tenants so they can return safe to him, should he have evidence it his his.

davidmcn

theartfullodger wrote: »

Safe was not on inventory & until asked for it, tenant appears not to have been informed until recently that landlord claimed it is his. Fine, tenant write to landlord stating if it is his he is of course entitled to it so would he kindly provide evidence - purchase invoice - that it is his. It could well be property of an earlier tenant. In the absence of a purchase invoice would landlord kindly provide address of the previous tenants so they can return safe to him, should he have evidence it his his.

At the end of the day, a court would decide on the balance of probability - no need to produce purchase invoices (what proportion of your possessions can you produce receipts for?).

As I said above, the very fact that the landlord is immediately asking "where's my safe", and the previous tenant hasn't, suggests that it is the landlord's property. The OP doesn't have any claim.

dancingfairy

Do you still have the safe? If you do then morally you should return it ( o.k it may not be on the inventory but still..).
If you don't have it then either claim.it want there when you moved in (not ideal but better than having to pay for something you don't have) or fess up and say it wasn't on inventory and you didn't realise it was wanted so sold it/ gave it away.
Technically though I can't see how your landlord can withold your deposit for something not mentioned on the inventory.
Df

david1951

As above; it seems you're asking the wrong question. It should be:

The safe was not on the inventory and not built in, can [STRIKE]they do this[/STRIKE]I take it?

The answer is no.