Can landlord use old inventory when claiming deposit for repairs

Landlord Discussion Legal
1

Hi,
One of friends is a landlord. He installed a new kitchen in 2020 and 3 ladies moved into his property.
When the 3 ladies moved into the letting agency signed an inventory with all three of them. In 2021, 2 of the ladies moved out and one of them continued living there with her husband and child.

When the other 2 ladies moved out, the letting agency returned the deposit.

Then the landlord signed a new tenancy agreement with the remaining 1 lady and husband.
His tenancy agreement was using OpenRent’s Rent Now service. Deposit was paid to OpenRent. Landlord did not prepare a new inventory.

Now in 2024 the remaining lady and her family is moving out.
Landlord noticed burn marks on the worktop (red and deep). There are a few marks near to the sink and near cooker.

In the beginning (2020) the deposit was registered with the letting agency.
When he signed the new tenancy agreement with the new tenants in 2021 deposit was registered with OpenRent.

Can the landlord claim from the deposit for the damage they made on the worktop (maybe replacing it) from the tenants deposit? Will the deposit holding company reject the landlord’s claim as he did not sign a new inventory with the tenants when he signed a contract with OpenRent?

Landlord has the invoices he paid for the installation of the new kitchen in 2020. He has the inventory signed with the 3 ladies who moved in in 2020 (one of them is living now in the property with her family).

Thanks

2

There’s not much point trying to use it. All the current tenant has to say is that it was done prior to her tenancy, which may even be true. Looks like a number of corners were cut, not just the inventory!

3

The landlord believes the tenants put some hot stuff.

Once the neighbours complained to the landlord about tenants doing catering business from the rental property. Landlord had to tell the tenants not to do catering business from home.

worktop1
worktop1933×1313 247 KB

worktop2
worktop2933×1467 212 KB

4

The LL has no inventory to prove that the damage wasn’t there at the start of her tenancy. Therefore, if the tenant disputes the claim (which I’m assuming she will), the deposit agency will ask the LL for proof, which he will not have. Game over.

5

They could discuss a deposit deduction with the tenant. If they agree, then all good. if they refuse, then likely the Landlord will be unsuccessful due to lack of inventory.

6

Depends really whether or not the tenant is prepared to admit the damage was done by them. Honest tenants will accept a deduction but without an inventory the DPS would probably reject the claim if the tenant disputes it.

7

It amazes me how much some landlords are making, then when it comes to a bit of damage they cry and scream.
a New worktop £50, £150 for the joiner, write it off against tax and NI.
Its a piffling amount .

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