problems with landlord

MrShed

It is your word against his that this is how the flat was left(and how it was when you occupied) without the inventory.

A_Nice_Englishman

Did the tenant still have the keys between the date of the inspection and the date of the letter?

dan2002

but how can it be his word against the LL as the LL did check the flat over before he handed over the deposit,so I would have thought that if he seen no damage there and then, how can he say there damage now.and to the other post no we handed over all keys

MrShed

It is somewhat irrelevant. The landlord has no obligation to perform a complete check at the time of the tenant vacating the property. Nor does he have an obligation to not pursue matters noticed after the return of the deposit.

Guy_Montag

dan2002 wrote: »

but how can it be his word against the LL as the LL did check the flat over before he handed over the deposit,so I would have thought that if he seen no damage there and then, how can he say there damage now.and to the other post no we handed over all keys

What MR Shed is saying is that, without an inventory the LL has not a leg to stand on. He needs to prove that the tenant caused the problem, that the problem was not there at the start of the tenancy & was not there at the end of the tenancy.

Search for similar threads - but basically you need to write to the LL insisting that all monies are returned within 7 days &, if they do not, the tenant will seek redress through the courts,

dan2002

so what you are saying is we just have to take the LL word that there is now damage even though he did check the flat there and then and thank us for keeping it in a good clean state and is keeping a full deposit ,surely this is not right

MrShed

No Dan I am not saying that. I am saying that he is entitled to chase back for money. Whether he is successful(or on the flip side, whether the tenant is successful) in court is an entirely different matter - in court he would have to prove on the weighing up of evidence that the damage was caused by the tenant. This is nigh on impossible without proof, of which an inventory is a massive part - hence the importance in that question.

And yes Guy that is what I am saying - thanks

dan2002

Mr Shed thanks for the info ,we will get a detailed letter drawn up tomorrow and see how that goes

real1314

your friend should present the cheque as evidence that the LL had inspected and agreed that the property was ok. however even this might not be the end of it. I assume that he may have perhaps asked if there was any problem he should know about?
if there was damage that was not readily apparent, then at that point the LL could sue for the damage. stopping a cheque is not really appropriate, but ....?

what sort of damage are we talking about, is there any reason that it would not be readily apparent, and does you pal dispute it?