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mistyd7

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  1. Also where do we stand with them not having a signed Inventory from us? They provided one about a month after we moved in, but we never signed it and returned it. Nor did we sign one when we left (Not sure if this happens). In them not having a signed Inventory, does it mean they cannot deduct anything from the deposit? In not having a signed Inventory, where do I stand regards them claiming the damages. (Bearing in mind we were the first people to move into the apartment, so everything was new when we moved in). I have asked for a copy of the Signed inventory from the residential company who are dealing with it on behalf of the landlord, as yet they haven't responded. Not sure how they will respond, because they don’t have one.
  2. I'm not sure what happened to the old sofa...I presume they have disposed of it or sold it. I do have a copy of the tenancy agreement in electronic format too. I may have to settle with just loosing the deposit money, although i think what I’m being charged for far to high. The only problem is that the stain on the sofa was caused my one of my friends, who is willing to pay some of the cost to fix it. Therefore i asked them to invoice this separately, which is what they have done & not to take it out of the deposit. I agreed, due to the fact that it was my friend that caused the stain; my housemate wouldn't have to pay to get the sofa fixed. My housemate would only have to pay towards the flooring being fixed and cleaning, which makes things a little complicated, if i just ask the Residential Company to keep the deposit.
  3. Regarding the sofa. I remember the lady at the residential company telling me that she was able to source a replacement cushion for £150, after having coming round and taking pictures of the stain on the sofa. However this was all verbal. Having spoke to her today, she turned round and said to that she said that she would try and source one from the manufactures. And that she tried and that they could not, so they just went and purchase a new one. She never told me that she was not able to source a replacement cushion or that a new one was ordered, until I received the invoice through! The last I heard from her was that she had ordered a replacement cushion and that she was waiting for delivery, which was some months before we moved out. I assumed there was a delay with delivery...but now it seems that, that was not the case. With regards to the sofa, do you think we've got a good argument around the fact that replacing the sofa is not the most "reasonable and practical" remedy? The only problem is that I have no written evidence that the fact they've agreed they can source a cushion. If i did then maybe we can make a decent case for limiting our contribution to the £150 they said it would cost. Without the evidence, do you think we if we got a quote for some other acceptable remedy e.g. estimate for using original material and re-cutting or sourcing same leather for a new cushion? Also having them replaced the sofa.... would they be liable to take off some money for wear and tear for the year we lived there? If so how much? Regarding the flooring, they have had a quote for replacement of the flooring, which was for 32sqm, which is not the whole of the floor. Do you think the strongest point I've got is around reasonable expected usage of the item - heeled shoes are extremely common, every female has at least one pair, there was no explicit restriction on using them, I weren't warned that the flooring was "soft wood", next tenant is likely to have guests that do the same so could I make the argument that if total value of floor to be replaced was £1500 and expected lifespan is 15 yrs i.e. they will replace the floor after 15 yrs, then 1500/15 x no. Of years I were there (1 year) = £100 contribution to replace the floor in 14 yrs time? Also they have hold of my deposit, which is £1200. The total costs come to £2049 (£1504 for the flooring, £30 for cleaning & £515 for the sofa). So that’s £849 over the deposit. How soon would I have to pay this if they demanded it? Can they or would they take me to court over it if I disputed it and refused to pay it because I do not agree with it? Would i have a good case if I took it to a small claims court?
  4. Hi We have been provided with the Quote that the residential company have obtained from another company, for the laminate flooring to be replaced for £1505. (Although on the scaned copy they have sent me, Invoice has been scribbled out) So as yet i think that this has not been replaced. And we have received an actual invoice that the residential company have received from other company, for the sofa to be replaced, so it looks like this has already been replaced. There is nothing else that we have been provided with, so there is no deffinate proof as to whether it has been replaced or not.
  5. Hi I was wondering if I could have some advice. Here's the situation. A friend and myself moved into an apartment back in February 2007 and moved out after a year this February 2008. We were the first people to move into the apartment, as it was brand new. So everything in the apartment was brand new. The apartment was fully furnished and an inventory was given to us, however we never signed it. Now we moved out this February 2008 and during the check out report conducted by the residential company (who manage the property for the landlord) a couple of issues were raised. 1) The two-seater sofa had a stain on it. Which I did notify them of well before and explained to them that I had got a company it to try clean it, but they could not remove the stain. And so I asked if the residential company could source a replacement cushion for me. They took ages to find out and I was chasing them all the time. Eventually they said that they were able to source some and it would be about £150, so I said that would be fine and to invoice me when it would be delivered. However I never heard anything and just presumed it would be invoiced to me after we had moved out. Anyhow, I was shocked to receive an invoice of £515 Inc VAT for replacement of the two-seater cream leather sofa?! Now to me I don’t think there entitled to charge me this at all, as what about Fair Wear and Tear for the year that we lived there? What are your views as to where we stand with this? 2) The laminate flooring. On the check out report it stated that in the Lounge flooring I quote "Scratched, scuffed and stiletto heel mark in general" and also "Several scratches to laminate flooring, large scratch upon entry to bathroom where door had been catching". Both of these had "Charge Tenenant for Repair" written next to them. So we waited for the quote. After about 4 weeks it cam through. £1504 inc VAT for "replacement of 32sqm of 3 Strip Engineered Wooden Flooring @ £40 psm". Now this to me is a joke! Firstly surely they have to lay down adequate wooden flooring to withstand heel marks? Otherwise it’s not fit for purpose. Secondly, we have lived in there a year, what about Fair wear and Tear? They cannot surely expect us to pay all of that cost? They have said that they are holding are deposit as a result which was £1200 (£600 each) and asked us for comments on the invoices and quotes. Would be really interested in some proper legal advice or any advice as to how I can fight these claims with them or which avenue's to go down. Thank you.
  6. Hi I have a similar situation and was wondering if I could have some advice. Here's the situation. A friend and myself moved into an apartment back in February 2007 and moved out after a year this February 2008. We were the first people to move into the apartment, as it was brand new. So everything in the apartment was brand new. The apartment was fully furnished and an inventory was given to us, however we never signed it. Now we moved out this February 2008 and during the check out report conducted by the residential company (who manage the property for the landlord) a couple of issues were raised. 1) The two-seater sofa had a stain on it. Which I did notify them of well before and explained to them that I had got a company it to try clean it, but they could not remove the stain. And so I asked if the residential company could source a replacement cushion for me. They took ages to find out and I was chasing them all the time. Eventually they said that they were able to source some and it would be about £150, so I said that would be fine and to invoice me when it would be delivered. However I never heard anything and just presumed it would be invoiced to me after we had moved out. Anyhow, I was shocked to receive an invoice of £515 Inc VAT for replacement of the two-seater cream leather sofa?! Now to me I don’t think there entitled to charge me this at all, as what about Fair Wear and Tear for the year that we lived there? What are your views as to where we stand with this? 2) The laminate flooring. On the check out report it stated that in the Lounge flooring I quote "Scratched, scuffed and stiletto heel mark in general" and also "Several scratches to laminate flooring, large scratch upon entry to bathroom where door had been catching". Both of these had "Charge Tenenant for Repair" written next to them. So we waited for the quote. After about 4 weeks it cam through. £1504 inc VAT for "replacement of 32sqm of 3 Strip Engineered Wooden Flooring @ £40 psm". Now this to me is a joke! Firstly surely they have to lay down adequate wooden flooring to withstand heel marks? Otherwise it’s not fit for purpose. Secondly, we have lived in there a year, what about Fair wear and Tear? They cannot surely expect us to pay all of that cost? They have said that they are holding are deposit as a result which was £1200 (£600 each) and asked us for comments on the invoices and quotes. Would be really interested in some proper legal advice or any advice as to how I can fight these claims with them or which avenue's to go down. Thank you.
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