Final Inspections where one party is absent and other deposit woes.

[troubleshootin pete]

Sorry to start another thread, but after a bit of reading around, I have begun thinking we may have another problem.

In a nutshell:

1. property was on AST, ie there was a definite date when the tenancy ended

2. a generic notice to quit was in force to prevent tenancy becoming 'periodic' via roll-on in the absence of a new agreement. No new contract had been signed.

3. LL expressed surprise that we were planning to move out on or before the date the AST expired, not having signed a new contract with him, despite having issued a notice to quit to ensure we could not move onto a periodic tenancy.

4. LL had booked a holiday (apparently) clashing with the date the contract on his rental property expired, meaning that he could not be around on moving out day, but 'offered' to inspect while showing people round a week before ON THE DAY WE WERE DOING THE MAIN MOVING OUT. Unsurprisingly, it was a little messy at this point. Neither of the tenants were present at this point as they were with the removal van.

5. Subsequently, I believe inspection proper has been carried out after we were moved out and had returned keys.

6. There are a variety of issues with his findings, I agree with some of the deductions but not all by any stretch.

Does this have an impact on the approach I should be taking? He seems to be trying to get me to tell him by email outside of the DPS dispute system what I have a problem with and what I don't, which Mr Shed thinks I should avoid doing.

The bulk of the disputed element is made up of charges for disposal of things we left in the grounds, which were less than things he left for us to dispose of, which we did without complaint and to which neighbours will attest. Other items that will be disputed are such as things apparently 'missing', which would be extremely hard to prove as there was no inventory, and we had been verbally told that these also were things that he just hadn't got rid of yet, that we could dispose of as we wished.

I strongly suspect that this is going to go the whole way, so I just want to be sure of our ground in advance. Advice on landlord forums points that the non-inventory items are a complete non-starter and that labour charges by a non-professional could be icky too.

As an aside, elsewhere on the landlord forums, someone is advised that they can't write down 'labour' by them on 'property maintenance' as a deduction on their tax return as it isn't taxed. Surely if it is earned income (and I would like to know how 'labour' could not be 'earned') it is subject to tax? Or does this mean that it is acceptable to pocket a large lump of rental deposit through this 'charge' tax-free?

All help greatfully appreciated!

TP.

[MrShed]

- First of all NO reason at all for another thread on this - should have added to the existing thread. Never mind....

- Landlord is fully entitled to check the property after you have moved out, and without you present.

- You are paraphrasing me slightly. I see no issue in confirming in writing what you are NOT happy with. I just think you should make no concessions in writing (i.e. "I am happy to pay for X damage").

- There is no issue with non-professional labour, but it cannot be charged at a professional rate. £9.25 PH. I believe I said this on your other thread.

- I also addressed the inventory question on your other thread and I do not intend to answer it again here.

- The labour charge by them is judged to be at their "cost price" and as such would advise it isnt EARNINGS.

I would STRONGLY advise that you post your post again in your other thread. You are duplicating both your and my work by making two threads, and most irritatingly asking the same questions again.

Sorry, not meaning to rant, but I have already addressed most of the points above, I see nothing at all above that even differs from your original thread!!