Landlord Inspection

[ajmram]

I moved out of rental property at the end of May. but the landlord did an inspection at the beginning of June. Can he do that? Thanks

[andydd]

I suspect so (it may only be a few days), is there a problem ?

[ajmram]

yes, he did the inspection 3-4 days later and now he is saying the we owe him money plus the deposit that he already had

[andydd]

3-4 days seems reasonable, I doubt he is able to rush round and inspect properties the same day, what is he saying you owe money for ?

[ajmram]

damage to the walls, carpets and etc

[andydd]

Well..did you danmage the walls, carpets, etc ?. I cant see how the 3-4 day delay has anything to do with it ?. Do you think items were damaged in this period ?

 

Andy

[rebel11]

Thread has been moved to the correct forum.

[ajmram]

I know that the walls were not damaged as he claims and the carpets were not cleaned by him when we moved in. My question is what is the right way to move forward

[The Carpet Cleaners]

was there an inventory when you moved in?

 

did you take any photographs of the property prior to moving out??

[ajmram]

no

[The Carpet Cleaners]

which question is "no" the answer to?

[Bang!]

Was there a scheme in place to keep your deposit, and the landlord used it?

 

Presently its your word against his - and looks less likely anything can happen if he never even bothered to issue an inventory.

 

I think he just plans to keep the deposit, and by asking for more is hoping you will avoid him thinking you owe him.

[ajmram]

to both. What I am trying to ask is this. Is the landlord can come and clain anything he wants to or he has to show me prove?

[The Carpet Cleaners]

The LL can try to claim what he likes, however, if he insists on an amount that you do not agree with, you can try the deposit protection scheme's arbitration service.

 

If the LL has not deposited your deposit with one of the 3 recognised schemes, then you have to go directly to a Small Claims Court for your money back.

 

In either case once you escalate the dispute to a legal claim, then the LL has to prove what damage you caused. Without an inventory at the begining of the tenancy this is going to be very hard for him to do.

 

How long were you his tenant for? He has to allow for fair wear and tear as well.

 

What I would suggest you do, is find out if your deposit is in one of the 3 schemes first. If not then send your LL a letter before action asking for the return of the full deposit within 7 working days, or you will take him to court. Then if you have not got the money within 7 working days go to MCOL and start court proceedings.

 

As I have said you LL has to prove the damage.... You do not have to prove that you did not. Without an inventory he does not really have much of a leg to stand on.

[raydetinu]

Also if the deposit was not protected you sue him for non-protection and the judge may find that you should get your deposit back plus compensation of between 1 and 3 times that.

Suggest you write to him on the above basis if not protected if deposit not returned in full you will take him to court.

If it is protected then raise a dispute with the scheme or take him to court anyway. He will have to prove damages and costs etc.