Landlord Adding Items after Checkout Inventory Completed

MichelleUK

We are having great difficulty getting our rent deposit back from the deposit holding service. The letting agent completed a check-out inventory the day after we moved out and sent us a copy the day after. The Landlord moved back into the house just over a week later, then after having been in for 4 days, the lettings agent went back and added a whole host of extra issues, and sent a new inventory.

We are already fuming as it has been 4 weeks and they have still not told us what they want to deduct from the deposit (the check out inventory included lots of pre-existing items that were not on the original inventory). Apparently, the Landlord is gathering quotes and receipts together!

Is it acceptable for them to do that? We have no idea who has been in the house or what has happened to it in that time! Most of the things are quite trivial but there are comments about the showers and carpets, which are completely untrue, which would be expensive if the Landlord was allowed to deduct these. The really galling part is that we have been obsessive about taking care of their house, as we had to sign really onerous terms to allow our cats. The quarterly inspections were glowing. It really does feel like the Landlord is trying to make up stuff to spend our whole deposit! 

HampshireH

Have you claimed your deposit back via whatever scheme it is in? If not do so now and then dispute any recharges.

You should have your original inventory as a reference should you need it

anselld

Just make a claim via the deposit protection scheme.  That is what it is for.
They cannot make any deductions without either your agreement or adjudication via the scheme.
The adjudicators do not look kindly on delays between checkout and "finding" alleged damage for exactly the reasons you state, ie others have had access to the property.

MichelleUK

Yes, we logged a claim for the deposit release with the scheme as soon as we realised that the Landlord was dragging their feet, just to get the ‘clock ticking’. Unbelievably, the scheme allows the Landlord 6 weeks to even respond, so they still have another 3 weeks left. 

Bendy_House

Please keep us updated, Michelle, as this seems to be not uncommon. 

macman

They cannot 'add items' that were not on the check in inventory, as they cannot prove that these items were present during your tenancy.
Any claim for damages on such items would be dismissed by the adjudicators, and rightly so.
Even more so as you were not present for the check out inventory and did not countersign it.

TripleH

As per macman.

Did you get a checkout inventory? Submit that as part of your evidence.

We won a claim simply because our old landlord was claiming using a document they never sent to us (check-in report) as evidence of damage. They can't send you a checkout report then claim damage on a revised document without you agreeing to the revisions.

MichelleUK

macman said:

They cannot 'add items' that were not on the check in inventory, as they cannot prove that these items were present during your tenancy.
Any claim for damages on such items would be dismissed by the adjudicators, and rightly so.
Even more so as you were not present for the check out inventory and did not countersign it.

The check-out is another gripe! I specifically asked the lettings agent about the procedure, as we have not rented before, and asked if we should be there. She replied that there is no need, as she will contact us if there were any issues. Of course, with all of the delays/issues I have read everything that I can now and see that the deposit company specifically says that the tenant should be invited to attend and discuss issues, as it is carried out, and sign it. Most other sites have said, whatever happens, make sure that you attend the check out inventory. I guess that we have been very naive. 

MichelleUK

We have now finally received a bit more detail of the Landlord’s claim. We are currently preparing a response but OH and I do not agree on how to respond to the new items in the ‘revised’ check-out report (i.e. items added by the Landlord nearly two weeks after we had received the official check-out report, and after the Landlord had moved back in!)

The two views:

1: Say that it is totally unacceptable to add ANYTHING after the original check-out has been issued as we have no idea who has been in the house since we handed back the keys….and also the Landlord had moved back in!
2: A couple of the small added claims are true, e.g. dishwasher filter, so should we accept that and agree to pay to clean those?

OH thinks that by agreeing to even consider the revised items, it weakens our claim but I am not sure, as I feel that an adjudicator might ask, “well, was it cleaned?” and then we would look shifty! 

In all of this, we want to be 100% honest and fair, and in the scheme of things, the cleaning issues would be less than half an hours cleaning (which I am happy to pay!) compared to over £1,000 of totally unacceptable claims.

TripleH

Reject all new additions. The check out report should have been done properly.

If you accept this, what's to stop the landlord adding more items?

Soot2006

Reject all new additions. Stick to the original checkout and simply repeat that on loop anytime someone tried to discuss it with you. Dishwasher filter cleaning doesn't cost anything. OK, maybe you forgot to give it a final clean when you moved out, but if it was that important, they should have checked it at the time. In the two weeks since you left, that could be 10 dishwasher cycles for all your know, easy enough to re-clog a filter.