Updating post from Reddit.
initial story below.
So now it has gone to adjudication.
I have not signed a move in report and not been given anything for move out.
I have sent the photos over from when we moved in showing good condition.
Where do I stand with the fact I have not signed a move in report or even had any form of proof sent to me for what he is claiming for.
https://www.reddit.com/r/uklandlords/comments/1jdcg7w/comment/mi9axsh/?context=3
Ideally, you should be given both the move in report by your previous landlord and your move out report by your current landlord. Without those documents, you should have your own pictures taken as your evidence should there be any dispute arising.
However, you said you haven't signed a move in report not have not received. So can you clarify if you did receive the move in report but didn't sign it ? Or you didn't receive the move in report at all ?
Now, there could have been photos taken at your move in and move out, just not provided to you. If there is, then that would be the evidence submitted to the adjudication and they will evaluate the damage claim based on the photos. The photos should also be timestamped.
Without photos, there is next to zero chance of the claim being successful.
In all honesty, it is very unlikely the claim for the painting throughout and carpet replacement would be upheld by adjudication unless it is clear there has been significant damage / deterioration from the move in and move out photos.
The holes in the wall, again, depends on what caused the holes and if they were there at move in and whether it was a clause in your tenancy to state not permitted. But £500 for the repair of the holes is not reasonable, so even if that is accepted by adjudication, it would very likely be much less, no more the £100 is my guess plus the kitchen stain of £50 which you are not contesting.
Adjudication of a dispute is basically an opportunity for both parties to present their case, landlord to show why the deduction is reasonable (with supporting evidence) and the tenant to state why the claim is not reasonable (provide evidence). In my view, it is down to who can provide the best evidence.
Hi, Thanks. I have been sent any move in or move out report. I only got the move in report from them 2 weeks before moving out when I requested it.
Ideally tell the arbitrator this, and note this as grounds to dispute its validity, since it could easily have been altered/fabricated.
A move-in report that you didn’t see and confirm at or near the time you moved in is less than worthless — it’s evidence the landlord has failed to do the basics of their job.
You have to be aware that the landlord at the tenancy start is different to the landlord at move out as the property was sold midway through the tenancy.
So the blame of not providing the move in report is on the previous landlord not the current landlord.
If the move in report was performed by an independent company, then I feel there is less likelihood of any alteration.
How exactly does the author of a document change its ability to be altered?
If you can show an unbroken line of possession, or an original email or whatever, then fine, but then we laying a lot of ifs.
To be honest I just thought it ran from when we moved in from old landlord to now. There was never a check in report on the house when the new landlord took over but I didnt think that would be needed?
A check-in report is never needed. It is there to show the difference in condition in order for a landlord to support any claim on a deposit. Without one, or when its reliability is called into question, it is very difficult for the landlord to argue anything, since there is no strong evidence of the condition at the start of the tenancy.
The more underhand and more unreasonable the landlord has been .. this should count against the landlord ..
They should have done a check out report, provided it to you .. you disagree then it goes to adjudication ..
Got them to impartially decide on what is allowed .. and what might be unreasonable ..