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LL wants to discuss damage before amounts he wants to deduct

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441 views 1 replies latest reply: 10 November 2016
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Tenant

 Hi, I don’t trust the way my landlord is going about the inventory and proposed deductions. Hence my second post in a week. Any advice is most welcome!

My tenancy ended mid-Oct. The landlord sent me a final inventory report and has highlighted some things for which he wants compensation. He’s asked me to agree or disagree with these things first and then he would come back to me with proposed deductions. This doesn’t seem right. I expected him to propose deductions and whatever I don’t dispute I’d get that portion of the deposit returned to me. I don’t want to have separate discussions with him about this because I feel it gives him an advantage in our discussions about the cost of something, i.e. if I’ve already agreed to owing him compensation for something I feel it puts us on the back foot once he comes back with the amount he wants to deduct. Should I go back to him and say I’d like for him first to propose deductions and then we can talk?

I hope you don’t mind my inserting another question. He also has amended the inventory report. The inital one, which was done by a professional inventory clerk, was provided to him on 19 Oct. I didn’t hear from him for a week. I finally asked for an update and he said he had asked for amendments to the report. I didn’t get the amended report until 5 Nov. I had to ask for the initial report to compare: it turns out he added about a dozen photos and not surprisingly those photos comprise most of the claims he wants to make for compensation (most of which I don’t agree with). Either the inventory clerk is really bad at her job or there’s something else going on here. Is there anything I can do about this?

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Tenant

Having the deduction conversation in two parts shouldn’t be too bad. You can simply disagree with the suggested cost to restore damage you agree to have taken part with. It’s not really complicated at all. Agreeing to have caused damage, doesn’t mean you should not dispute the suggested cost.

Part two, if you don’t agree with the inventory, you can send them a letter / email stating your position and highlighting things you don’t agree to. 

IF you did an inventory of your own, upon moving in, you’d have a stronger leg to stand on right now. Unfortunately, you didn’t mention any photos, so you have to rely on what is provided. 

Don’t worry to negotiate with your landlord. If you can’t come to an agreement, you can initiate the Alternative dispute resolution at your tenancy deposit scheme and have them solve the problem. 

Here are some links to help you further:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

http://www.thetenantsvoice.co.uk/advice_from_us/end-of-tenancy-cleaning/

http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-inventory-check/

 

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