Check-out report does not match inventory

davidlabomb

Comms69 said:

davidlabomb said:

Comms69 said:

Deductions can be fair with zero documentation. They can be unfair with boxes of documentation. 

Actually if the LL provides zero documentation / no inventory then the DPS won't let them make any deductions at all.

That's not true. (it's also not what i said)

If you damage something that belongs to me, i'm perfectly entitled to ask for and accept an amount of money to settle the matter. I am not required to prove that i have carried out the work / nor am i required to prove to you that the value of the claim is correct. 

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention
(Source: my personal experience with a previous landlord who tried to retain my deposit for a carpet he said I had damaged, with no inventory stating the condition of the carpet at the start of the tenancy. DPS awarded me the entire amount without even blinking.)

davidlabomb

deannatrois said:

As it stands, if there are any problems you have the evidence to demonstrate, for example, the original inventory you have does not refer to cleanliness of the fridge.  Do you have emails or pictures proving the fridge was dirty when you moved in? If you do, great, if you don't, you will have the same problem the LL will have.  It does not mean they are being fraudulent.., waste of time being so emotive.., just gather your evidence IF deductions are made from the deposit that you think are unfair, being careful yourself to be fair and accurate.  Hopefully with evidence to back what you say.

The onus is on the LL to prove the fridge was clean, not the other way round. I found this out first hand through DPS when a LL tried to make deposit deductions without providing an inventory (and failed).

Comms69

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

Deductions can be fair with zero documentation. They can be unfair with boxes of documentation. 

Actually if the LL provides zero documentation / no inventory then the DPS won't let them make any deductions at all.

That's not true. (it's also not what i said)

If you damage something that belongs to me, i'm perfectly entitled to ask for and accept an amount of money to settle the matter. I am not required to prove that i have carried out the work / nor am i required to prove to you that the value of the claim is correct. 

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention
(Source: my personal experience with a previous landlord who tried to retain my deposit for a carpet he said I had damaged, with no inventory stating the condition of the carpet at the start of the tenancy. DPS awarded me the entire amount without even blinking.)

No, again. Inventories are voluntary. The LL could still take you to small claims court, even if DPS found in your favour. 

davidlabomb

Comms69 said:

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

Deductions can be fair with zero documentation. They can be unfair with boxes of documentation. 

Actually if the LL provides zero documentation / no inventory then the DPS won't let them make any deductions at all.

That's not true. (it's also not what i said)

If you damage something that belongs to me, i'm perfectly entitled to ask for and accept an amount of money to settle the matter. I am not required to prove that i have carried out the work / nor am i required to prove to you that the value of the claim is correct. 

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention
(Source: my personal experience with a previous landlord who tried to retain my deposit for a carpet he said I had damaged, with no inventory stating the condition of the carpet at the start of the tenancy. DPS awarded me the entire amount without even blinking.)

No, again. Inventories are voluntary. The LL could still take you to small claims court, even if DPS found in your favour. 

You remind me of my old landlord 

Comms69

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

Deductions can be fair with zero documentation. They can be unfair with boxes of documentation. 

Actually if the LL provides zero documentation / no inventory then the DPS won't let them make any deductions at all.

That's not true. (it's also not what i said)

If you damage something that belongs to me, i'm perfectly entitled to ask for and accept an amount of money to settle the matter. I am not required to prove that i have carried out the work / nor am i required to prove to you that the value of the claim is correct. 

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention
(Source: my personal experience with a previous landlord who tried to retain my deposit for a carpet he said I had damaged, with no inventory stating the condition of the carpet at the start of the tenancy. DPS awarded me the entire amount without even blinking.)

No, again. Inventories are voluntary. The LL could still take you to small claims court, even if DPS found in your favour. 

You remind me of my old landlord 

And i'm out. 
You are factually incorrect - i'm trying to show you that it's not as cut and dried as you think it is. (given your question, thought that might actually help)

davidlabomb

Comms69 said:

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

davidlabomb said:

Comms69 said:

Deductions can be fair with zero documentation. They can be unfair with boxes of documentation. 

Actually if the LL provides zero documentation / no inventory then the DPS won't let them make any deductions at all.

That's not true. (it's also not what i said)

If you damage something that belongs to me, i'm perfectly entitled to ask for and accept an amount of money to settle the matter. I am not required to prove that i have carried out the work / nor am i required to prove to you that the value of the claim is correct. 

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention
(Source: my personal experience with a previous landlord who tried to retain my deposit for a carpet he said I had damaged, with no inventory stating the condition of the carpet at the start of the tenancy. DPS awarded me the entire amount without even blinking.)

No, again. Inventories are voluntary. The LL could still take you to small claims court, even if DPS found in your favour. 

You remind me of my old landlord 

And i'm out. 
You are factually incorrect - i'm trying to show you that it's not as cut and dried as you think it is. (given your question, thought that might actually help)

My old landlord stopped talking to me after he was proven wrong too! Bye!

Slithery

davidlabomb said:

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention

Incorrect. An inventory is one possible source of evidence, there are other sources that can be used.

Comms69

Slithery said:

davidlabomb said:

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention

Incorrect. An inventory is one possible source of evidence, there are other sources that can be used.

OP seems to be one of those who only wants to get answers which already agree with their pre-imposed position. 

Given they're so caught up on the documents i get the feeling that the deductions are legitimate; and it's just a case of trying to subvert the system through what they believe to be cast-iron rules. It's a shame that some people are so blinkered, usually leads to the situation escalating beyond the necessary

davidlabomb

Comms69 said:

Slithery said:

davidlabomb said:

You are required to provide evidence of condition at the start of the tenancy though. No inventory? No deposit retention

Incorrect. An inventory is one possible source of evidence, there are other sources that can be used.

OP seems to be one of those who only wants to get answers which already agree with their pre-imposed position. 

Given they're so caught up on the documents i get the feeling that the deductions are legitimate; and it's just a case of trying to subvert the system through what they believe to be cast-iron rules. It's a shame that some people are so blinkered, usually leads to the situation escalating beyond the necessary

For someone who apparently appreciates facts so much, you've neglected to notice here that so far no deductions have been proposed. Oops.

And yes, I do believe in rules. Rules like 'do not write made-up comments from non-existent inventories on check-out reports'.

AlexMac

While you wait and see, Davidelbombo, ponder on the possibility that....
Not all LLs are t'eivin bes'tds ; it might be an overzealous agent or inventory clerk? 
I had some wonderful Eastern European tenants who, when the final inventory was done on my rented 5-room flat, not only left the place immaculate, but moved all the furniture back into the rooms in which it had been located at the beginning of the tenancy, to make the check out clerk's job easier.

But he obviously felt it was his mission in life to find something to carp about.  Comments in his report included; 
- three bottles of wine left in fridge; to be disposed of at tenants' expense (they were a present to me as they felt I'd been a good LL for god's sake!)
- tenants have repainted woodwork in bathroom from white to Magnolia; to be re-decorated at tenants' expense ... (I'd used that dodgy batch of Dulux which yellowed after a change in firmula for god's sake...)

Plus a few scuffs and scratches which were so tiny you'd need a magnifying glass...  Far less than the usual "Fair Wear and Tear" you'd expect after a few years occupancy.  
I told the agent to bung 'em the whole deposit... pronto.

In fact over 20-odd years as a LL I've never witheld deposits; and sometimes I've been gifted stuff by tenants who couldn't take it wit 'em; a very classy microwave... an upmarket mountain bike from a South African guy who was going back home (he even told me where he'd left the key after chaining it up downstairs) ...   Not so sure about the generous gift of "1,000 year old eggs" mid-way through a tenancy by a lovely Chinese couple however (they're sort of pickled- not really archaelogical!)

Maybe your LL will be a generous soul as well?