Can landlord make deduction from our deposit with no inventory?

ChrisH

Hi guys,

Quick question for you as above.

The only difference is that the property was a new build, and therefore everything was considered 'as new' according to the LA.

He says that he has all original invoices and receipts; however if the condition isn't agreed with T in the form of an inventory, can they make deductions later on?

I understand that an invoice can show that something is new, but things can be damaged when installed etc, which may not be shown on an invoice.

Really appreciate any advice that you can give.

Kind regards,
Chris

zebulon

did YOU actually damaged something ... ?

:rolleyes:

olly300

ChrisH wrote: »

Hi guys,

Quick question for you as above.

The only difference is that the property was a new build, and therefore everything was considered 'as new' according to the LA.

He says that he has all original invoices and receipts; however if the condition isn't agreed with T in the form of an inventory, can they make deductions later on?

I understand that an invoice can show that something is new, but things can be damaged when installed etc, which may not be shown on an invoice.

Really appreciate any advice that you can give.

Did you email or write to the landlord/letting agent and inform them that you discovered an item in the property damaged during your tenancy? If not then you have no proof that you didn't damage it and the balance of probability swings in the LA's favour and so s/he can make the deduction.

Not so much with LAs but with landlords if you find something in the property damaged or you damage something, then you should take a digital photo, attach it to an email and inform them by email asap. Sometimes you can actually get out of paying for minor things if you do this.

ChrisH

Hi guys,

No, I didn't damage anything! I was added to a tenancy agreement via a Deed of Assignment...essentially one of the tenants living in the property prior to me stained the hallway carpet with oil.

Prior to me moving in, I was advised by the LL/LA that the carpets were due to be replaced, and I have e-mails from the LA offering to replace the carpets free of charge shortly after I moved in - however it was never done. I never made too much of an issue about the carpet as I was expecting for it to be changed..

Now I've moved out, they've changed their minds!

Any ideas? I'm planning on starting court action but don't have much of an idea whether the case would be heard or not.

Many thanks.

Chris

ChrisH

Hi all,

In addition to what I mentioned, I'm also querying whether my deposit should have been protected. The Deed of Assignment was dated 21st August (after the TDS rules came in), but I paid the deposit to the departing tenant rather than the landlord directly.

I initially thought that this would unfortunately exclude the landlord from needing to protect the deposit, however(!) the Housing Act 2004 section 13, sub para 1 states:

"(1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme."

Now, I am assuming that the departing tenant can be a 'person in connection with a shorthold tenancy', so in this respect, should my deposit have been protected?

Thanks a lot

Chris

EDIT: Please bear in mind that the agreement I was added to was a 6 month agreement, started in Dec 2006 (prior to the TDS rules)...I was placed on the agreement in August 2007, replacing one of the original tenants via a Deed of Assignment.

SquatNow

If you have copies of the emails, send one to them.

They are trying it on, hoping you haven't kept copies.

ChrisH

Hi SquatNow,

I already have!

In the e-mail he sent prior to me moving in, the LA stated he was 'aware of the carpets and these will probably need replacing at the end of next year anyway'.

The e-mail sent after I moved in states ''Should I arrange to replace the hall and lounge carpet or will one clean up, I think that when Ralf's moved his bike out it is worth doing. '- as mentioned, they replaced the lounge but not the hall carpet.

Would these hold up, or do you think that they could be viewed as a gesture of goodwill that could in theory be withdrawn?

Thanks again,
Chris

poppy10_2

What is it exactly that the LL is trying to charge you for?

prudryden

poppy10 wrote: »

What is it exactly that the LL is trying to charge you for?

Good question. Also, whose deposit is the LA actually holding?