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Insufficent deliberately misleading inventory

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790 views 1 replies latest reply: 23 February 2015

I rented a house for 6 months back in December.

There was some damage to tiles when we viewed, and mentioned it to the agent who said the landlord couldnt afford to replace.

We went ahead with tenancy and moved in. It then became apparent that the tiles were breaking because they were loose and coming away from the floor. Most of the tiles are loose and more break on a daily basis.

I have even cut my foot on a broken tile.

It’s worth noting that a portion of the floor has been replaced before with 90% identical tiles, so previous damage is clear.

However after informing the agent of the damage we were told that no damage was evident during check in or the video inventory and can only assume we have done the damage.

Now the video DOESN’T show the damage, but doesn’t show them not damaged. In fact it looks like the floors been deliberately missed. Also the agent didn’t close the doors in the rooms when filming and has missed damage behind them (again I suggest on purpose)

The inventory was also done before the property was cleaned and rubbish removed, he simply stated at the start that it was in the process of being cleaned.

When we moved in the place was filthy and had been cleaned by cowboys. We pay £900 a month in a cheap area and expect better.

I take it taking that all into account I have a good chance of winning at DPS ?

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Hi Craig

Were you given the opportunity to add to the inventory yourself? If so then you could have noted that the tiles were already broken – that’s the only thing that could give you an issue with the DPS.

In general, the approach seems to be that the deposit belongs to the tenant until the landlord can establish that they have a right to keep a specific amount. In this case, from what you’ve said it doesn’t sound like the landlord can prove the tiles were not broken.

However, the DPS generally uses inventories as a form of proof so unless you can establish otherwise that the tiles were broken when you moved in then the only ‘proof’ will be that nothing was noted on check in but they were broken when you moved out. Do you have any email correspondence about cutting your foot etc that mentions the tiles being broken when you moved in?  Anything along those lines might help you.

You can also speak to someone at a law centre who might be able to provide a legal perspective.


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