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Comments

  • A check-in inventory would certainly have helped his case but there is other evidence he could submit instead. For example, if he had a receipt proving the carpets were new at the start of the tenancy he could claim for the cost of replacing the carpet minus the 3.5 years use he got from them during your tenancy and the court would probably accept that.

    I like his claim that he saved you money by not using a letting agent as if that didn’t also save him money too.
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Ah the old ‘friends with Jamie’ defence.
    This LL is a pro.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    He used this defence in his defence against my claim. “The only thing I did not do was put the bond into a scheme because of the friendship between me and Jamie”.

    Jamie is my co-renter’s brother btw lol
    This defense will fail. There is no defense possible against a failure to protect a deposit in a scheme.

    if the landlord did not go down the inventory route, and has no proof of the state of the property before us moving in, can he really prove any damages?
    Perhaps. But it is much harder for him.


    As Lover of Lycra said: " if he had a receipt proving the carpets were new at the start of the tenancy" that would be good evidence of the condition of the carpets. That is just an example to show that an inventory is not the only evidence a LL can submit in support of his claim for damages.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thanks again GM.

    I have also discovered that he breached another of his duties. I didn’t have a gas safety certificate or one engineer show up to the property in the over 3 years I rented. It had a gas combi boiler and gas hob in it.
    This is not relevant to your case (though if you happen to mention it in court the judge will not be impressed with the LL.....).

    If the LL had served you a S21 Notice to evict you, it would have been invalid.

    You could have (and still could) report this to HSE. They can fine him, or more commonly, send a letter slapping his hands and telling him to get an inspection done (they are pretty overworked....)


    https://hse.gov.uk/gas/domestic/faqtenant.htm
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