Tenancy Deposit Dispute

lauren3881

Hi all, I have never rented before so bit unsure of the rules. I had to move out of my flat which I owned into rented accommodation due to a leak. I moved out of the rented accommodation on 23rd July. Over a month later I was informed that the landlord wanted to deduct money from the deposit for repairs. No check in inventory was done the check out inventory was done (apparently) after we left, I have never signed anything. Today I got this email:

'They have advised us that the Landlord is insisting on the deduction for the repairs in the amount of £230.00.

They advised Landlord has informed them that as he has Photographic evidence and invoices for repairs, he will be taking the claim to arbitration with the Deposit Protection Scheme if the deductions are not approved.'

I thought there had to be an inventory on check in and out. Would money still be able to be deducted from the deposit. It is in the tenancy deposit scheme.

Thanks.

G_M

No.
The landlord has to prove that there was damage.

It's true that the most common proof is comparison between the check in and check out reports, but other evidence is permisable.

What damage is being claimed?
Did you cause the damage claimed?
Is the £230 for a single damaged item, or several different ones?

Are the repair costs reasonable?

lauren3881

The damage is a light fitting in the bedroom.
Refitting a light fixture in the kitchen
A new shower head

All of which were like that when we moved in. But I do not have proof of this.
The costs are £230 I am not really sure if it is reasonable or not as I would not know how much they cost.

wesleyad

lauren3881 wrote: »

The damage is a light fitting in the bedroom.
Refitting a light fixture in the kitchen
A new shower head

All of which were like that when we moved in. But I do not have proof of this.
The costs are £230 I am not really sure if it is reasonable or not as I would not know how much they cost.

Just go to arbitration, offer nothing. As part of your evidence explain you had no inventory, no check in/out and that everything was like that when you moved in. They will weigh up who they believe. There's not much more you can do about it. Given what you've said they are very likely to find in your favour.

sal_III

Under the circumstances there isn't much you can do about it, other than submit your account that the items were broken when you moved in and there is no check-in/check-out report. Then cross your fingers.

In the future, to avoid such situations insist on check-in report, or at the very least make a list of issues on day one and send it to thew LL in writing, so you have a track record.