Missing Inventory or Check In/Check Out for dispute with TDS

lookstraightahead

muhandis wrote: »

The lack of inventory should not impact the claim for unpaid rent.

Assuming this is the first time you'll be experiencing a deposit dispute, I would advice you to keep your expectations low.

Adjudicators are generally fair and balanced but expect the landlord to be able to clearly justify claims being made. Their view of "wear and tear" is far more liberal than most of us would expect. Even as a tenant I was surprised by some of the claims that were rejected/downgraded (mostly damage to walls and fittings) in my favour.

Having said that, it's good that you have evidence of work that was done close to the start of the tenancy plus before/after photos as that should be taken into consideration.

Plus the adjudicators can and will make judgements upon the reasonableness of quotes so it would be best if you tempered your expectations.

Evidence of work done close to the start of a tenancy doesn't mean it was like that at the start of the tenancy. Can you imagine how many landlords could just go round taking pictures of random stuff and claiming against it!

need_an_answer

lookstraightahead wrote: »

How will new photos help when there's nothing to compare them with? You might have some lovely photos but the tenant hasn't seen them. How did you not think to do an inventory yet you know all about the deposit scheme etc?

I guess the OP is hoping that the photos will link in with the invoices he has for work done on the property prior to the tenant moving in.

An example might be that he has an invoice for a new bathroom at the property address detailing fixtures and fittings within a short timeframe of the tenant moving in and then photo evidence of the bathroom being damaged at check out...

It is IMO a very tenuous link that probably wont stand up when it comes to adjudication...

not my style but clearly some LL's would think it acceptable....however at that point if the tenant refuses to negotiate with the LL then the next step is arbitration via the deposit service,they have always proved fair on the occaisions I've had dealings with them

lookstraightahead

Zayk786 wrote: »

I have before and after photos. I have invoice showing works were carried out just before the tenancy started and then I have 'after' photos/videos and quotes showing works are required. I have a check out inventory which he never returned to sign.

By the time your tenant moved in, your house could have been ransacked ...

need_an_answer

Zayk786 wrote: »

I have before and after photos..

can you give an example of what these photos show...not asking you to post them but explain what they show and whether they are dated...did you give the before photos to the tenant when they moved in?

The problem that you face is that you didn't make the tenant aware of the photos when they moved in..if you had then the situation would be different,but you cant just pick out photos now in place of a check in inventory which was your responsibility in the beginning.

A check in inventory is done for the benefit of the LL not necessarily for the benefit of the tenant, although many tenants respect them.


With respect I have photos of my properties mostly taken at various points before tenants move in,however the ones that carry weight with the deposit services are those that form the individual inventory for the set of tenants that are renting at that current time,and the document is given to them when they move in.