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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I have a tenant how gave notice to quit and surrendered the

Resolved Question:

I have a tenant how gave notice to quit and surrendered the property. I am a live in landlord. She left damages that require the room to be painted. She is now claiming that as she did not sign pictures of the room when she first moved in and the inventory sheet did not specially mention the conditions of the walls that she must be given back her full deposit as it cannot be proved that she did the damage. I have pictures of the room that show it to be pristine. She says she will "take this further". What can she do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if she will win?
Customer: replied 2 years ago.

yes and what steps she needs to take.

I have before and after pictures and the testimony of the cleaner who cleaned the room before the tenant moved it.

Expert:  Jo C. replied 2 years ago.
Thank you.
Well, it is almost certainly just the usual hollow threat. It's very easy to threaten legal action and a lot harder to take it in particular when you have to start writing checks that are not of rubbery nature.
If you are a live-in landlords then she cannot start taking you to the deposit arbitrators for free. The only way she could take this further is to go to court and although it is Small Claims Court sum she will still have to pay to issue.
If she did so then it would seem that you do have enough information and evidence to defend the claim but claims like this make us all waste our time. It's like complaints to professional bodies. They very rarely have any merit but they give rise to a huge waste of time and that is the cross we bear.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What I thought. There is no legal obligation for a landlord to provide pictures and an inventory listing conditions of the room and items therein (but it's a good idea) for the tenants to sign when they move in. (it's the pictures really)?

Expert:  Jo C. replied 2 years ago.
No there is not. It is really just a matter of evidence gathering so that they cannot make allegations.
At least, is not quite true that they cannot make allegations because people do regularly make allegations of the ridiculous nature. What evidence means is that you are in a position to defend their hysterical and vengeful twaddle.
Customer: replied 2 years ago.

thank you

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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