Getting an inventory for a rented flat?

drc

Just moved into a rented flat approx 6 weeks ago. We rented hte flat out 'unfurnished' and have since bought our own furniture. There were several items here when we moved in which the previous tenants had left and they left a letter saying that some of the things had been there from before they moved in. Since we rented the place as unfurnished and needed to put our furniture somewhere, some of the old furniture was removed by the LA but an old oak table and some chairs we kept. We are now getting rid of the table as it is falling apart and the LA said that it could be thrown out.

My question is, whether it is worth getting an inventory for condition of the flat when we moved in or whether it would be better not to have one.

For example, if when we move out the LA says that we have made marks on a wall, is the onus on them to prove it (through an inventory which lists condition) and since they will have nothing signed by us to confirm condition if they don't issue us with an inventory, would any such accusation be legally in our favour?

Thank you in advance for advice.

olly300

I'm inclined to tell you not to bother getting an inventory done as it will weaken the LA standing in court but just take photos of any damage or problems and email them to the LA asking them a question at the end to ensure they reply to the email. If they don't then chase it up in writing. (Make sure you back up the emails so if you end up with a dispute at the end of the tenancy you have proof.)

If you do a search for deposits you will find a few threads - EagerLeaner's being one - where the LL has accused the tenants of causing damage with and without an inventory. The main thing seems to be that the person with the most evidence (i.e. a photo) seems to be believed if it goes to court as the judge rules on the balance of probabilities. In the case of EagerLeaner the LL claimed that she had made a large hole in a wall and took a magnified photo of the damage and the LL was believed.

In my own case I had a LL who decided that because I refused them access when they wanted they would withhold my deposit. I then took them to court. The LL written defence included claims that I damage stuff that wasn't recorded on the inventory (which I had disputed anyway in writing) however it avoided mentioing that I had caused a hole in the ceiling which was done by someone else where I had taken a photo and emailed to the LL. There were other claims in the LL defence but because I had lots of documentation including emails, text messages and receipts to show the LL wasn't telling the truth in lots of their statement I eventually got the case settled out of court.

I've noticed that people and companies tend to back down and settle disputes if you can produce written evidence which shows them in a non-favourable light at the stage which involves a legal process.