Letting Agents claiming they never received inventory at beginning of tenancy - where do we stand?

[cherrytreeblossom]

We are moving out of our rented property in the next few weeks.

When we moved in the letting agents cancelled our inventory check in visit with one of their staff for some reason or other and asked us to do the inventory check and make any adjustments. We did so and made MANY changes as there was lots of niggly things and minor damage/marks that weren't listed on the inventory.

We sent this back within a couple of weeks of moving in (over a year ago)

I gave notice last week and asked for the inventory to work from to ensure we had everything as we found it and they are claiming they never received it so are going off the original?

Help! This will potentially look like we have caused loads of damage and marks on walls/carpets etc

Sorry, I have no idea where you stand but just wondered, do you rent through Bridgfords by any chance?

Is the original signed by you? If not its worthless

Do they have a copy of the original with your signature on it? If not, tell them to whistle.

Surely it's their problem they didn't do a check? Stand your ground, don't let them get away with it.

Original not signed by me as it was noted that it needed to be updated, think it was the inventory from before the previous tenants.

I sent the updated inventory with signatures into the letting agent and don't have a copy, they claim they never received (convenient!)

Did you take any photos when you moved in? Something similar happened to me. The inventory was taken before the previous tenants, when everything had been newly decorated. However, there was lots of damage and the house was filthy when I moved in. Despite notifying the agents (Brigfords btw) who refunded £50 for the cleaning I had to do, when I moved out, they wanted my whole deposit. It went to dispute resolution with the deposit holder and I was given my entire deposit back as I could prove the inventory had not been accurate.

This happened to us. We asked for a copy of the inventory signed by us - they didn't have one, so I said that we had a copy of the agreed one (wrote it again), and they had to use this one or admit to landlord they hadn't managed the property correctly! It actually worked in our favour

X-post. If you didn't sign the inventory then you can show you didn't agree with their assessment of the state of the property. I'm would think the deposit holding company would side with you in this instance.

DONT PANIC!

Them not having an inventory is GREAT news!

If they try and claim anything from your deposit they won't get anywhere as they need to be able to prove the condition of the property and contents when you moved in.

Don't worry! They might try and screw you over but you are actually in a good position, because they can't prove anything and if it got to mediation then it wouldn't look good for them that they never tried to chase you for it earlier.

Leave the place clean and tidy and hope for the best. If they challenge you on anything explain that this was mentioned in your inventory , sent to them on x date. If they try and argue it still then explain you are not happy to pay because you didn't damage it, they cannot take your deposit without you agreeing to the charges as all deposits are now with deposit protection schemes to prevent dodgy landlords claiming bollocks. Normally the tatic with crap landlords now is holding onto it long enough till you give in becase you need the money back, but a letting agent probably wont want the hassle.

Tell them f they would like to take this further could you plaese use the free arbitration service as part of the deposit protection service. They are independent but from what I've heard, normally side with the tenant. However, contrary to popular opinion they can only be used if BOTH SIDES agree to use them. Hence shifty landlords sometimes refusing and holding onto the deposit till the tenant caves and lets them take £50 so they get the rest of it back.

But for a letting agent, if they refuse to use the arbitration service you go through the property ombudsmen, which all letting agents have to be registered with. The property ombudsmen will see that they lost your inventory, refused to use the free arbitration service, which makes the letting agent look unreasonable (because it is!) and will order them to give the deposit back.

I have had nasty letting agents try and charge me £100's for fuck all and then as soon as I say I'd like to use this independent person please they suddenly say actually don't worry about it. Don't let them mess you about!

I found calling Shelter was really helpful and so has my DSis who has had problems with previous landlords (two who didn't put her deposit into a protection scheme). They have loads of template letters for various circumstances on their website so if you find the agents being difficult, I would try Shelter as a first port of call.

They are dragging their heels and changed their tune - they keep saying they think they have it 'on file' and will forward to me when they have dug it out