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Landlord left property a mess

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  • DCFC79
    DCFC79 Posts: 40,635 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dimbo61 said:
    Well you can check yourself if the property has an EPC by going onto the EPC registry.
    Wait and see if the Landlord registers the deposit within 30 days of you paying it to him by checking all 3/4 deposit schemes.
    Don't say a word if he fails to register the deposit. ( Save that for when you leave or he tries to evict you )
    Does the property come with a fridge/washing machine any other electric items with PAT testing stickers.
    Not really a legal requirement but good o have done as proves items are safe to use.
    How safe are the electrics ?


    OP the PAT stickers would be easily noticeable so on the plug top, side of the appliance or maybe on the flex but I suspect it would be 1 of the first 2.
  • Thank you everyone for your replies, they have been really helpful, I had an email from the Landlord today stating that I threw all their stuff away, when I only threw away some dirty cutlery, underwear that was left in the wardrobe and paper, the rest (even covered in dirt ) has been stored under my bed. They are now saying I should not get my deposit back because of this, Which I think is unfair, as I have kept mostly everything. They also stated that the property was cleaned and that I had visited the property to view it, and that if I wanted to end the tenancy now or at any point I could, however I have no where else to live as family are isolating due to the pandemic.
    I emailed stating that I told her daughter that everything is stored under the bed, and detailed a list of things that were dirty and I had to clean which was a long list, and that I had to view the property over video so was only given an overview of the property. The landlord has replied stating that the past tenant should of deep cleaned the property and that it was inspected by her daughter before I moved in, and then just said that the past tenant would not be getting her deposit back and saying that the letting agent should organise a inventory with me this week, but I've already cleaned the place.
    I am getting help from family members with what to do, but I'm just so unsure what to do or say. 

    Many thanks 
  • penners324
    penners324 Posts: 3,508 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I'd stop speaking to the landlord and only speak to the letting agent.
    Also log every talk, phone call, text etc from the landlord or their daughter.
    You are now a tenant and you legally get 'quiet enjoyment'. Also note that if your deposit is not protected you will be able to sue for 3 times the deposit amount. Also any S21 eviction notice is likely to be invalid due no certificates, etc etc.
  • wilfred30
    wilfred30 Posts: 878 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Thank you everyone for your replies, they have been really helpful, I had an email from the Landlord today stating that I threw all their stuff away, when I only threw away some dirty cutlery, underwear that was left in the wardrobe and paper, the rest (even covered in dirt ) has been stored under my bed. They are now saying I should not get my deposit back because of this, Which I think is unfair, as I have kept mostly everything. They also stated that the property was cleaned and that I had visited the property to view it, and that if I wanted to end the tenancy now or at any point I could, however I have no where else to live as family are isolating due to the pandemic.
    I emailed stating that I told her daughter that everything is stored under the bed, and detailed a list of things that were dirty and I had to clean which was a long list, and that I had to view the property over video so was only given an overview of the property. The landlord has replied stating that the past tenant should of deep cleaned the property and that it was inspected by her daughter before I moved in, and then just said that the past tenant would not be getting her deposit back and saying that the letting agent should organise a inventory with me this week, but I've already cleaned the place.
    I am getting help from family members with what to do, but I'm just so unsure what to do or say. 

    Many thanks 
    That is not their decision to make.  Any dispute regarding the deposit will be decided by the DPS arbitration team.

    I repeat my advice.  Do not allow an inventory to be undertaken now after you've cleaned the property.  If you do, they appear to be the sort of LL who will use it against you when you leave.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'll add my voice to the chorus. Do not permit an inventory. It is too late for them to do one. They do have a right to come and inspect the property if they wish (that's a whole conversation in itself) but they can't make up an inventory after the fact.

    You aren't clear about it, but I hope you did take photos of the condition of the place before cleaning. This will be important evidence for you. 

    The junk that was left in the property. This is a situation called 'bailment' - you are left with other people's stuff without your consent. Your duty is to store it, make reasonable effort to contact the owner and allow the owner reasonable chance to retrieve it. Once that is done - let's say a couple of weeks - you can dispose of it. 

    As much as you can from now on, communicate only in writing (email is ok for most things) with the LA. This is important because it forms a written contemporaneous record, doubly so if you can get them to reply in writing. 

    All that said - welcome to private renting at the lower end of the market. The sad thing is that this kind of thing is not uncommon, even through it's not the way it's supposed to work. The happy thing is that you don't have to bother cleaning on exit, as the LL has no inventory or other record of initial condition, and you presumably have evidence of the terrible condition it was left in. So you won't be overly penalised in the end - you will still only have to clean the house once.

    If you're now ok with the property, just carry on living there, you've solved your problem.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thank you everyone for your replies, they have been really helpful, I had an email from the Landlord today stating that I threw all their stuff away, when I only threw away some dirty cutlery, underwear that was left in the wardrobe and paper, the rest (even covered in dirt ) has been stored under my bed. They are now saying I should not get my deposit back because of this, Which I think is unfair, as I have kept mostly everything. They also stated that the property was cleaned and that I had visited the property to view it, and that if I wanted to end the tenancy now or at any point I could, however I have no where else to live as family are isolating due to the pandemic.
    I emailed stating that I told her daughter that everything is stored under the bed, and detailed a list of things that were dirty and I had to clean which was a long list, and that I had to view the property over video so was only given an overview of the property. The landlord has replied stating that the past tenant should of deep cleaned the property and that it was inspected by her daughter before I moved in, and then just said that the past tenant would not be getting her deposit back and saying that the letting agent should organise a inventory with me this week, but I've already cleaned the place.
    I am getting help from family members with what to do, but I'm just so unsure what to do or say. 

    Many thanks 
    You've already replied to the first communication now, but my response to the reply would be something like:

    - Perhaps the past tenant should have deep-cleaned the property, but they did not. The condition of the property on check-in is the responsibility of the landlord regardless of the previous tenant's inaction.
    - If it was inspected by the daughter, then she is fully aware of the state that it was left in. You have taken photos - here is one as an example (pick a bad one).
    - It is too late to complete an inventory, as the check-in process has already been completed and you have cleaned the entire property. Consequently it would not be a fair and true record of the condition of the property on check-in, which is the only purpose of an inventory. [It's good you have this admission on an email actually, as it places a timeline on the failure to complete an inventory]
    - Despite this initial disappointment, you are planning to continue the tenancy as normal from here now that the property is in a better condition. Regards and goodbye.
  • Marvel1
    Marvel1 Posts: 7,432 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    saying that the letting agent should organise a inventory with me this week, but I've already cleaned the place.
    I am getting help from family members with what to do, but I'm just so unsure what to do or say. 

    Too late, don't get one done.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Electrical test cert is not required in England. But a gas safety cert most definitely is. Absence of that, on arrival, is a criminal offence.
    Sounds like yet another amateur LL...the concept of doing an inventory a week after the tenant moves in is just baffingly pointless, so I'd refuse to co operate or sign it. Which will be greatly to your benefit upon departure.
    No free lunch, and no free laptop ;)
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