Hi everyone, I have been in a room for 4 months and my Landlord did not make an inventory. honestely, I do not want to have any problem when we are going to finish terms of the contract. My question is, is it ok if I will take some pisctures and I will send to him on whatsapp? and how he should to answer down my pictures to be sure that in that way it is safe for me??
If he did not take an inventory it’s not your problem
He has no evidence to support claims
If he makes false allegations just dispute it the the deposit agency at the end of the terms
So you advise me not to take pictures and send them to him ?? That is, do you advise me to do nothing? In case can I contact the deposit agency even though he has not protected my deposit? This only if he will claim some damage about the room.
If you have pictures from the day you move in then take pictures
An inventory is a comparison of before and after
If you never had a before he can’t make claims for an after unless he’s got hidden evidence that you don’t know about
Take pictures by all means
The deposit is your money
The onus is on the landlord to prove damage
If there’s no proof of before how can he make claims of damage
If you are worried take your case to adjudication
He will have to prove damages
If there’s no inventory there’s no case
How do you know he hasn’t protected your deposit?
Have you not received the information about your deposit from the Landlord?
If he has not protected your deposit tell him
You will take legal action for the cost of the deposit Andi to three times the value in penalties
I don’ t know honestly if he has protected it or not. I did not ask also because are not a lot of money and I have started knowing about a protection for the deposit few months ago. Because I have been here since february and He did not tell me about the inventory and I forgot too. After few months I thought about the inventory because the room is a bit old so I do not want to have any problem when I leave the room. He told me that I can make a pictures and I will send to him as an inventory.
Just ask him where the deposit is protected and ask for a copy of the inventory when you moved in
He should have served you deposit papers within 30 days of receipt
He should have a signed and dated inventory by yourself
If there are issues just take it to adjudication
He should have served with the information about where your deposit is. Even if he has protected it, if he hasn’t given you this information then you may be able to claim against him.
You can check here whether the deposit is protected: Check your tenancy deposit is protected - Shelter England
it is not compulsary to do an inventory .I do not furnish my places and expect a bit of wear and tear. Never had any dispute in 40 years .
You must get proof from the landlord that your deposit is protected. Proof of deposit protection must be produced and given to you within 30 days of the deposit being paid to the landlord - which has already passed from what you are saying. If you have proof of when you paid the deposit and no proof of deposit protection at this point, your landlord will not only have to pay your deposit back in full at the end of the tenancy, but a court can order that you are paid up to an additional x3 of the value. I would speak to you landlord first. If there is no immediate action, tell the local council and seek advice from shelter.org.uk. You really don’t want to go to court.
Even if you do not have pictures from the start of the tenancy, take them now. Make sure you take plenty and details of any existing wear or damage. You do not need to share the picture with the landlord. Preparing an inventory is the landlord’s job and it is something that has to be paid for by the landlord. If the landlord makes a claim later without evidence of previous condition, the deposit protection scheme (assuming your deposit is protected) will throw out the claim for lack of evidence unless the damage claimed is such that it is very unlikely you would have taken the tenancy in the first place. Examples: big holes in walls, exposed electrical wiring, leaking roof or toilet etc.
Sounds like you are renting a room in a house/flat with multiple other tenants. There are specific rules for landords of HMOs which I am not familiar with. Basically if the landord has not given you all the documentation that is required by law at the start of your tenancy, they are looking at the potential for heavy fines.
Having said all this, this is your money, time and effort. Saying ‘I forgot’ won’t help your case.
Hello and thank you to all of you for the answer. But the question is this, actually if I do not do anything there is only the risk that when when I will leave he will not give me back the deposit? and about the inventory, if i will not do anything I will have the risk that if he will tell me that I damaged something, I have to pay or will not happen anything because he did not an inventory so he cannot claim right?
No one can predict what he may or may not do
We have told you what happens if he does all of those things
If he does not give your deposit back threaten him with legal action. Remind him that he has broken the law and will have to pay you the deposit and up to three times the amount in fines if you report him to trading standards or take legal action
That will you usually make him see the light
Just write to him and ask him for your deposit certificate
If it was not deposited in 30 days remind him of the law if he creates a problem for you
It’s the tenants money and if the landlord wants any of it they have to prove their case to the deposit scheme or the Court that the deductions are justified. If here is no inventory then they have almost no chance of succeeding.
Hope everythings gone well. If the landlord never took an inventory, then they cannot claim anything is missing or damaged as there is no proof.
More so, if they never protected your deposit, you are likely able to claim a lot of money back (3x your deposit, and the deposit). I had to go through this, let me know if you need any advice. Also if you’ve already moved out, you can still claim for past deposits not protected.