Damage to property

Thank you all for your replies. I am still as of now unsure where I stand as I have tried to contact the letting agency today and they are refusing to hand me a documented break down of the so called damage. They have simply said I'm to pay it.
I am not sure where to go as citizens advice shelter etc are all passin me in circles. It's extremely confusing as j would like to resolve this issue.

Bianca just ask the agent which tenancy the damage relates to.

If they say the first you were not a named tenant on that one

If they say the second ask them where the inventory start of that tenancy and check-out report at end of it are

Sounds to me as if letting agent has made a mistake on the lack of an inventory and is trying to get money off Bianca. I wonder if the landlord knows there was no inventory? How can she be liable if a) She wasn't named on first tenancy ; b) No inventory on 2nd tenancy (c) No proof of any costs (d) No CCJ. Citizens Advice should be helping her draft a letter on this.

This scenario is interesting as I have a family of three in one property even though it is let in the name of a sole tenant, which sounds similar to Bianca’s situation.

I did query the above with the tenant (via the letting agency) when he was in danger of going into arrears recently and was informed that the tenant essentially lives alone but mother and baby both “visit”. This was the day after I drove past the property and noticed a lady letting herself in with a key.

The letting agency is comfortable with the single tenant concept as it considers that any potential eviction would be regarded less sympathetically by a judge should we ever need to invoke a Section 21 clause, compared to a tenancy for a family.

It did make me wonder, however, what would happen should the tenant ever disappear in the same unfortunate manner as befell Bianca. I presume that eviction of the remaining family members would be straightforward as it wouldn’t be subject to the tenancy agreement but recovery of costs for damages or rent arrears nigh on impossible.

Just got back to reading this post, the facts added later do indeed change the situation entirely.

I agree that if Bianca was not the tenant in the first tenancy then she cannot be held liable for damage that she can prove occurred during that time. However, the fact that there is no inventory for the second tenancy could potentially cause a problem if there was an inventory for the first tenancy, as the landlord could prove the condition of the property when she moved in (even though the tenancy was in her partner's name), and if she did not report the damage during the first tenancy then the landlord could say that it is reasonable to conclude that the damage occurred during the second tenancy (in her sole name).

Although the lack of an inventory at the start of the second tenancy does make it more difficult for the landlord to prove that the damage occurred during the second tenancy, it has to be remembered that the civil standard of proof is the balance of probabilities (not beyond reasonable doubt). As such, it is still possible for the landlord to sue her, just much more difficult for him to do so, and the risk of him losing the case is higher.

Whatever the facts of the case, the landlord should be providing a full breakdown of how the costs have been calculated, and each cost claimed should be backed up with evidence if requested (e.g. invoices, photos, etc). Bianca has a right to know the details of what she is being accused of, and in sufficient detail for her to defend herself.

I am amazed that the CAB and Shelter are not willing to assist her defend the claim, unless of course they only have the limited information that was provided on the original posting. Having worked at the CAB I do know that if she finds the right caseworker then they would be able to help her in this situation if they know all the facts of the case. Even if the case was different and she was liable for the damage, the CAB should still be able to assist her to negotiate a suitable repayment arrangement.

Reply to the comment left by "Industry Observer " at "27/02/2014 - 16:25":

I too enjoy the banter, I just hope people realise it's light hearted.

Now here's a question none of us thought to ask.

Was Bianca granted a brand new tenancy or was her ex partners tenancy assigned to her?

For the sake of Bianca I hope it was the former, for the sake of the landlord I hope it was the latter.
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I paid £45 for a new lease for 6 months then rolling after that.
I have done some searching and just found that they have never lodged my deposit either! In the total there were 4 inspections in 5 years. I had an email from the owner of the property in dec, just gone and he never mentioned anyithing about damage, he only mentioned "significant rent arrears" but I don't consider one month "significant when we had agreed and I paid that off. I have a feeling that through the negligence and Incomency of the letting agents they have tried to tell him I had rent arrears. I have asked that the owner phone me and he is phoning me from abroad tomorrow so I will piece things together.

Bianca, I can't offer any input or advice on legalities, but I want to tell you that you are being very strong and courageous.

Suffering domestic violence is Something no woman should have to go through, especially with young chIldren. To survive that and still be fighting your corner for your family's sake shows the strength you have within you, and how much your family matter to you. Please take no notice of a previous forum comment from a member, which was wrongly harsh and showed ignorance about how complex domestic abuse situations can be, and the fear of reprisals from a violent partner that is often a very real possibility. You clearly care very much about your children's welfare and I hope the many useful comments from members helps you out with this legal situation, so that you can carry on rebuilding a normal life, and a safe home for your family. Thinking of you.

Reply to the comment left by "Bianca B" at "01/03/2014 - 11:33":

Hi Bianca

One has to wonder whether this letting agency has been pocketing the rent due to your landlord as well as your deposit.

Good luck with the conversation with your landlord and if he would like any advice from our community please point him to this discussion thread too.

He probably doesn't realise it yet but if your deposit was not protected within 30 days the agents have also landed your landlord in a lot of trouble too.
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I have just found paper work that the took a deposit from me that was taken in the 01/01/12 I never signed a deposit form and one was deposited on the 03/12/2012 this is almost 1 yeah later and it's not signed by me. Does this means its valid?
Also I paid £45 for a new lease witch was a short assured tenancy 6 months then rolling. This was signed by me on the last page not in every page like someone pointed out it should be.

Vanessa thank you for your kind words. My children are my priority and it hasn't been an easy road but I have found myself again die to agency's such as the woman's aid etc.