14-12-2012, 11:25 AM
Sounds like a good leg to stand on to me. Do you have any way of proving someone was there between you and the inventory being carried out? That's the crux of the matter.
Did you take any photos of when you moved in/left? Not sure if England is the same but up here, deposits are held by an arbitrator who then decides what they can lawfully claim in the event of damages.
If you can prove that someone had moved in after you left you can argue the toss. Don't know if balance of probability can come into play with this but they may say you were in the property longer than the son and therefore more likely to have done the damage. Unless you have proof of a lack of damage or of someone else moving in so quickly, it's going to be a drawn out "he says, she says" sitiation.
The landlord has a responsibility to ensure the property is checked over before someone else moves in to avoid situations like this. As the property is now not being leased, but being lived in by a relative, it's not been handed over from one tenant to another under cotractual terms. If they didn't meet their end of the bargain though then they've shot themselves in the foot and you're more likely to win any appeal.
The notice was served correctly and you moved out on the agreed date, the contract is not closed though until the arbitration is done and if the landlord can't stick to dates set it looks as bad as if they'd not served you the proper notice.
Did you take any photos of when you moved in/left? Not sure if England is the same but up here, deposits are held by an arbitrator who then decides what they can lawfully claim in the event of damages.
If you can prove that someone had moved in after you left you can argue the toss. Don't know if balance of probability can come into play with this but they may say you were in the property longer than the son and therefore more likely to have done the damage. Unless you have proof of a lack of damage or of someone else moving in so quickly, it's going to be a drawn out "he says, she says" sitiation.
The landlord has a responsibility to ensure the property is checked over before someone else moves in to avoid situations like this. As the property is now not being leased, but being lived in by a relative, it's not been handed over from one tenant to another under cotractual terms. If they didn't meet their end of the bargain though then they've shot themselves in the foot and you're more likely to win any appeal.
The notice was served correctly and you moved out on the agreed date, the contract is not closed though until the arbitration is done and if the landlord can't stick to dates set it looks as bad as if they'd not served you the proper notice.