Any legal people out there?

[C.A.R.]

I know that most people in the business of law probably drive cars substantially more expensive than 306s, but you never know. It's also good to vent a little anger on the keyboard...

In brief-
Moved into our first privately rented property on 16th June.
Served with section 21 notice (eviction) 8 weeks before end of tenancy agreement (nothing un-toward, landlady wants the property back for a family member to occupy)
Gave notice that we would be moving out on the 8th December and paid all rent due up until then.
Were due to have a 'checkout inventory' (where they check the condition of the property) at 3pm on Saturday.

Waited and waited.

Nobody came, so I called them. Unfortunately they couldn't attend (thanks for wasting our afternoon) but they still wanted the keys back.

I dropped the keys back at about 3:45 on Saturday.

Phone up on Monday to ask about when my deposit will be refunded. "Sorry, we haven't done the check-out yet". FUCKSAKE.

Go round Monday night to see if a parcel I was expecting had been left with any neighbors in the same building. On the off-chance, check the property where we used to live as a light is on.

Landlady's son evidently moved in on SATURDAY NIGHT. Unfortunately no post. I gave him my number in case anything shows up.

Inventory was apparently carried out on Tuesday.

Get a phonecall yesterday saying there is damage which they are seeking to withold part of my deposit to repair.

Spoken to Citizens advice, they think I have a case. Spoken to my director (a landlord) who also thinks I have a strong case.

Surely they can't check the condition of the property AFTER someone new has moved their shit in?

Means I'm £1,000 down this Christmas. Bah Humbug (and thank fook for credit cards)

Opinions?

[Ed Doe]

What a shitter man! In my opinion you have a case, and I'd like to see you tell them to do one, but I dont know anything about the legalities of it! Best of luck though, and I hope you fight it!

[cwspellowe]

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.

[Scott]

What was the damage they're claiming is your fault? I don't suppose you took photos of the property (individual rooms) before you left??

[vincent1]

was your deposit held in the tennants deposit scheme? if so get in contact with them they sorted my dispute out in about 1 month
https://www.gov.uk/tenancy-deposit-protection/overview

[C.A.R.]

We screwed up by not taking pictures, that's what the CAB and the lawyer (a friend) have said anyway. On that front however, it does state that we are to be issued with photographs upon moving in. We never were.

Just had a very heated conversation with them on the phone. Spoke to the lettings agent who initially didn't want to comment as she could tell I knew more than she did. All she did was explain to me how the DPS works (which I already knew because I'm not fecking retarded). She then passed me onto her manager, a self-righteous cow who didn't really let much on but did manage to successfully piss me off by talking above me instead of to me. She did give away more than she should - by confirming that someone moved in before the inventory check took place - silly cow.

Here's the best bit yet!

They want to take £100 from the deposit as a 'checkout fee' for which I laughed at down the phone, I said "what, the checkout you didn't turn up to?"
"er, yes, but it is in your contract"
"Well I will seek to reclaim that through a small claims court also"

Effectively they didn't turn up for this appointment, I point-blank refuse to give up £100 to be evicted from my own home! Why should I pay for such a thing?! The way I'm thinking of going about it is saying that as they were obliged to turn up to this appointment (for which I have a letter) I will therefore be charging them £100 for not keeping their obligation (negating any costs).

I'm at the end of my tether now and going down their official complaints procedure, so I will be making an appointment for 5:30 this evening in person. They won't appreciate that on a Friday afternoon!

Thanks so far guys.

[vincent1]

have you started your dispute through the dps i would and then do all communication through them only the dps wont let the letting agency talk to them like they get away talking to us also if they still refuse to pay through the dps its free for the dps to take it to a hearing for you? we did not have pictures either i actually posted the keys back to my letting agency registered post as we knew the manager there was a right mouthy person. what went in our favor was no before moving in inventory was done and singed for by us also no time stamped pictures was taken of the property before we moved in.

[Dum-Dum]

Mate theyer just trying to f*ck you over for extra money, dont have it. Argue through the tenant deposit scheme.

They cant claim for damage if somebody else has moved in before theyve checked the property.

[Jonny81191]

Tbh it sounds like you have it in hand, all I'd add is the easiest way to sort it is to let them trip themselves up and say more then they should. Keep your cool and you'll just REALLY irritate them, don't give them anything they can use against you. You're in the right.