Tenancy dispute - check in report

kat31578

We moved out of our rental property last week and have a dispute with the landlord regarding deductions. We was sent a basic check in report of purely pictures which were not digitally dated other than her inputting the date manually on the word document. There is no written commentary or description of any kind on the report. We was not asked to be present for this, given a timeframe for any disputes or asked to sign it. She is claiming for repairs and damage etc. We know some of the things she has mentioned was already there to begin with and have worsened over time. We have a picture of such evidence from the day after the tenancy started. Will the adjudicator use her check in report given it is not signed and date added manually? We also asked to be present for the check out inspection and she did it without us.

Many thanks 

saajan_12

kat31578 said:

We moved out of our rental property last week and have a dispute with the landlord regarding deductions. We was sent a basic check in report of purely pictures which were not digitally dated other than her inputting the date manually on the word document. There is no written commentary or description of any kind on the report. We was not asked to be present for this, given a timeframe for any disputes or asked to sign it. She is claiming for repairs and damage etc. We know some of the things she has mentioned was already there to begin with and have worsened over time. We have a picture of such evidence from the day after the tenancy started. Will the adjudicator use her check in report given it is not signed and date added manually? We also asked to be present for the check out inspection and she did it without us.

Many thanks 

If there were issues at the start that weren't captured in the LL's photos, did you report these in writing or send over your own photos, within a reasonable timeframe?

While the onus is on the LL, its not possible to document every inch and an adjudicator would take a reasonable interpretation of the evidence provided and work on the balance of probabilities. That evidence could include the (a) LL's report, (b) your responses or reported defects from the start and (c) your dated photos. In the absence of (b), its debatable whether your photos now are believed even though you said nothing at the time. 

kat31578

Thanks for commenting, we didn’t report them at all because they were minor things like chipped paintwork, crack in the wall and flakey radiators which wouldn’t impede our living there. 

kat31578

saajan_12 said:

kat31578 said:

We moved out of our rental property last week and have a dispute with the landlord regarding deductions. We was sent a basic check in report of purely pictures which were not digitally dated other than her inputting the date manually on the word document. There is no written commentary or description of any kind on the report. We was not asked to be present for this, given a timeframe for any disputes or asked to sign it. She is claiming for repairs and damage etc. We know some of the things she has mentioned was already there to begin with and have worsened over time. We have a picture of such evidence from the day after the tenancy started. Will the adjudicator use her check in report given it is not signed and date added manually? We also asked to be present for the check out inspection and she did it without us.

Many thanks 

If there were issues at the start that weren't captured in the LL's photos, did you report these in writing or send over your own photos, within a reasonable timeframe?

While the onus is on the LL, its not possible to document every inch and an adjudicator would take a reasonable interpretation of the evidence provided and work on the balance of probabilities. That evidence could include the (a) LL's report, (b) your responses or reported defects from the start and (c) your dated photos. In the absence of (b), its debatable whether your photos now are believed even though you said nothing at the time. 

Thanks for commenting, we didn’t report them at all because they were minor things like chipped paintwork, crack in the wall and flakey radiators which wouldn’t impede our living there. 

BikingBud

Have you checked here?

Once your landlord has received your deposit, they have 30 days to tell you:

• the address of the rented property
• how much deposit you’ve paid
• how the deposit is protected
• the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
• their (or the letting agency’s) name and contact details
• the name and contact details of any third party that’s paid the deposit
• why they would keep some or all of the deposit
• how to apply to get the deposit back
• what to do if you cannot get hold of the landlord at the end of the tenancy
• what to do if there’s a dispute over the deposit

If this didn't occur they may be at fault and you may take them to court:

If the court finds your landlord has not protected your deposit, it can order them to either:

• repay it to you

• pay it into a TDP scheme’s bank account within 14 days

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

But if that was done:

What about your own check out pictures, you did take them didn't you?

Especially of those areas where the check in report pictures varied from your own recollection of the condition and check in images.

Do you have evidence of requesting the check out and making yourselves available at a mutually agreeable time?

I would request return, from the deposit service, of full deposit on handover of property in a satisfactory condition.

How long were you there? Consider fair wear and tear. 

Bundle all your check-in and check-out evidence and your request to attend the check out and send as a dispute to the relevant scheme.

See here for some further information and here for typical case studies

theartfullodger

Dispute any deductions (er.. should be dispute any you disagree about) through the deposit scheme.  Parliament passed Acts for this - TWICE - so 'umbly suggest you use it!}

If deposit not properly protected sue LL for up to 3x deposit.  Ditto passed by parliament twice, 2nd time to give poor overworked landlords twice as long to do the admin.

Best wishes to all

Grumpy_chap

kat31578 said:

Thanks for commenting, we didn’t report them at all because they were minor things like chipped paintwork, crack in the wall and flakey radiators which wouldn’t impede our living there. 

How long have you been at the property?
How do the extent of these "damages" now compare with fair wear and tear for the time you have been there?