Inventory Check In but no Check Out

[noggsy]

Hi, could do with some advice please. Moved out of a house after 18 months last week. When we moved in there was an Independent inventory completed and posted with the Estate Agents. When the time came to move out the Landlord said they were not prepared to pay for the Company to carry out the Check out report. So last Sunday the landlord met me at the property spent 15 minutes looking round pointed out a couple of problems (1 agreed, 1 disagreed) and asked for the keys so I left. Yesterday (Sunday) I get a phone call saying that I will get none of my deposit back (£799) as there is damage and items missing. This is NOT TRUE. For Example we cleaned a bedroom carpet where there was stain created by our young son, they claim when we cleaned it we bleached it - we hired a Rug Doctor machine and purchased the shampoo to go with it !
Could someone advise me of my legal rights to oppose the landlords actions.
Thank You(p.s. rent paid on time throughout the tenancy)

[noggsy]

Sorry, another question. The property was heated by Oil-Fired Central Heating. We move into the property on 2nd January and the system didnt work, net result we had no heating and hot water for 2 weeks, the landlord charged us 1/2 rent for that period. Throughout the tenancy the system never worked correctly and although we reported it no action was taken. The point, however was when we moved in we never saw or received a Safety Inspection Certificate for the Boiler and an inspection was never carried out in the 18 months we lived at the property. Please could you advise what are the legalities of this ?

[raydetinu]

Did you sign the the agreed check out list? and noted the disputed item?
if not you will have to write to landlord with the items you agreed and the disputed items, and either do another visit to agree costs or ask him to cost these items speciffically.
I doubt the cost of replacing a bedroom carpet would come to £799 and would also need to be reduced to allow for wear and tear of say 50%.
I think it is a bit late to raise the question of safety inspection/operation for the boiler, but would not hurt to mention it any correspondance with him.
If cannot agree costs and what amoount of deposit to be returned, you will have to take him to court, and you should win if he is making silly claims.

[noggsy]

Thanks for your response ray. On check out he did not have any check out list, just walked around the house and made comments. They claim the carpet cost £500 and they are trying to claim this for starters. It may be worth mentioning this is the 1st time they have rented their house out and are moving back in themselves. They also "sacked" the letting agents after we moved in so we paid the landlords direct, so the agents dont want to get involved. I am waiting for an e-mail from them detailing what they claim they is wrong with the house, the best one they gave on the phone yesterday was "the grass was brown in some areas and it was perfect when we took over" - we took over in January and this is June, perhaps we should have blocked out the sun on the garden !
But if I have to I will take them to court - as a matter of principle

[MrShed]

- It doesnt matter whether no "check out" was done. They can simply compare the standard of the house to the initial inventory, no need for professional inventory agents to do this.
- It is impossible in this case for us to comment on the legality of this, as basically we have not seen the before and after of the carpet.
- You are entitled to have a full break down of all claimed damages, and also receipts for any work done.
- The landlord is not entitled to charge for "fair wear and tear".
- The landlord is not allowed betterment, and must replace like for like. This is key in your case, as even if the damage to the carpet was in fact done(which we cannot comment on), they can only charge you the cost of a carpet the same age and condition - how old was the carpet?
- Too late IMO to do much regarding the boiler, however, certainly worth mentioning to them that should he not return the deposit, you will be forced to pursue legal action that will include speaking to the relevant authorities about the criminal actions in not performing a gas safety check(worth reminding them maybe that this can carry a jail term!!).