Sharing of Check Out Inventory

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    Sharing of Check Out Inventory

    Tenant moved out and relocated. When asked in August I gave the Tenants potential new Letting Agent reference stating that rent was always paid on time however unable to reference regarding cleanliness / maintenance etc as tenant still in property (no notice yet given) and check out inventory not yet completed / condition of property unknown.

    Due to the property being returned in a filthy condition, damaged, white goods and permanent built in fixtures removed without authorisation.... far exceeding any interpretation of wear and tear I contacted the ex. tenants new agent to update reference to include findings of independent inventory inspection (Letting Agent looking to withold full deposit of £900 however advises that damages etc and cleaning / making good will exceed this by approx x 4 / 5.

    The new Agent thanked me and requested a copy of the inventory check out report carried out by a third party company upon the arrangement / instruction of my Letting Agent.................Am I ok to / should I pass this on?

    I feel I have a duty of care and fully understand why New Letting Agent would like confirmation as Tenant only 5 x days in to new property but dont want to breach any GDRP etc or do anything thats not legit.

    #2
    You're probably OK to pass it on.
    I'm not sure I would, personally, but it's your document.

    You might want to redact any signatures or names.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      It is a digital copy unsigned as received from Letting Agent. No names of tenant or landlord are on it its just the inventory company name and a full detailed condition report with photographs.

      As I have retracted my recommendation of my ex. tenant for rental and summarised reasons I assume the new agent just wants some form of confirmation (from third party).

      Not sure if new agent may be intending doing anything as assume tenancy was granted based on reference ????

      Comment


        #4
        I've re read the check out report and it reports on property condition only and is marked on title page that it was conducted at "property address" by "A Services" on behalf of "B letting Agents"

        Has a box for tenant comments adjacent to each section but these are empty as digital copy as sent to me.

        Has box at end for tenant to sign and date but again these are unfilled as digital copy as sent to me.

        I'm assuming no data protection issues that ex. tenant could get upset over and I am in essence just providing information in support of reference comment............??????

        Comment


          #5
          Originally posted by Chester Perry View Post
          but dont want to breach any GDRP etc or do anything thats not legit.
          What does your Fair Processing notice given to the tenant say you can do?

          What does your agent's Fair Processing notice given to the tenant say you can do?

          Comment


            #6
            Im afraid I have no idea what that is?

            The document includes no data or naming of either landlord or tenant - just property address and a report on condition.

            Comment


              #7
              Originally posted by Chester Perry View Post
              The document includes no data or naming of either landlord or tenant - just property address and a report on condition.
              You obviously all know that it relates to a specific person, so it is personal data.
              Did you have consent from the tenant to give a reference in the first place? (either implicit or explicit)

              Realistically, nothing will happen anway.


              Comment


                #8
                Originally posted by Chester Perry View Post
                Im afraid I have no idea what that is?
                You should do as you should be registered with the information commissioner's office as a data controller.

                ​​​​​​You went from recommending these tenants to withdrawing a recommendation quite quickly when you became aware of what their living conditions were like.

                ​This made me wonder who carried out inspections and how often?

                Comment


                  #9
                  I'm now worried. Where can I find out info about what I need to do and registering?

                  I rent out my house through a letting agent and had no idea I had to register as assume the agent holds everything.

                  All I know is the tenants names.

                  Condition was monitored but it is obviously possible to cause extensive damages within a 6 month period

                  Comment


                    #10
                    Originally posted by tatemono View Post

                    You should do as you should be registered with the information commissioner's office as a data controller.

                    ​​​​​​You went from recommending these tenants to withdrawing a recommendation quite quickly when you became aware of what their living conditions were like.

                    ​This made me wonder who carried out inspections and how often?


                    I was asked by the tenant in August to give a reference to an Agent who would be in contact.

                    I gave the reference via a link they sent which took me to an online form pre filled with a reference number (possibly also tenants name but cant remember) on which it had tick boxes with box beneath for comments.

                    Has tenant paid rent on time - yes / no - I clicked yes

                    Has tenant maintained property and kept in good condition - yes / no / unknown as check out inspection not yet completed - I clicked unknown check out inspection not yet completed

                    Would you recommend tenant - yes / no - I clicked yes with comment in absence of property condition unknown / inspection not yet completed

                    online form submitted

                    August 14th tenant gives 1 month notice

                    September 15th letting agents arranged check out inventory inspection completed and report received by myself on 16th highlighting all issues.

                    I visit property and note all damages, unauthorised works and unauthorised removal of fixed items and white goods.

                    Letting Agent advises application to retain full 900 deposit made as cost to rectify with cleaning and repairs / making good alone with be circa £3k upwards.

                    I called agent who asked for reference to advise that i would like to retract my previous recommendation of tenant which was made subject to advising I clicked unknown check out inspection not yet completed as genuinely feel that I have a duty of care to new landlord.

                    Agent thanked me and requested could he see the check out report.............I assume just to confirm what I have said.

                    I'm not the kind of person who can take a "its someone else's potential problem now"

                    Comment


                      #11
                      Originally posted by Chester Perry View Post
                      I've re read the check out report and it reports on property condition only and is marked on title page that it was conducted at "property address" by "A Services" on behalf of "B letting Agents"
                      In which case it's not your document to share.

                      Strictly speaking, you need the agent's consent to release it, because what they can do with it will depend on their agreement with A Services.

                      You're getting bogged down in this.
                      You shouldn't have completed the reference until you were in a position to do so - but fair enough, lots of people would have done the same.
                      And it's too late to do anything about it now.
                      It's already someone else's problem, not a potential problem - by telling the agent, you've done all you can to fix the situation.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Ok thanks. I will move on, sleep easy and focus on sorting out works my end.

                        Comment


                          #13
                          I think where you went wrong was in doing the reference in the first place,

                          You had no hands-on experience with the tenancy, so should have left it to the Agent. That would have taken care of the GDPR issues as well.

                          Comment


                            #14
                            As far as the original issue, I think others are right that you're getting a bit too bogged down. Let it go and what will be will be.

                            But going forward there are a few things that will be worth learning from this.

                            First of all, I think you might be in danger of assuming that because you have an agent, you can simply leave everything to them. Legally, you're actually liable even if they do something wrong because you have appointed them to act in your name. Also, if they do something wrong, you'll be left to pick up the pieces. For those two reasons alone, you should do some courses and get yourself more knowledge of what it takes to be a landlord. Sign up with the NRLA and do their online accreditation. It's well worth it. Then you'll be able to keep an eye on the agents and make sure things are being done properly.

                            Secondly, inspections should be carried out on a regular basis. In six months, there should have been at least one which the agent should have carried out and they should have reported any damage or other issues to you at that time. It's possible to trash accommodation in 24 hours, but most issues are preventable if they're caught early. Personally, every quarter is the minimum. If there's an issue, I would then revisit a month later to see that it's been rectified. If there are no issues and the tenant/landlord relationship is good, I even let it go to 6 monthly when I trust that they're looking after the property.

                            Finally, in terms of GDPR, you should be registered because you should be asking the agent to pass all paperwork they hold on the tenant to you so you can check it's what you expect. All application docs, right to rent, bank statements, proof of ID, AST, etc. should be in your files. After all, there's no guarantee the agent will be in business tomorrow and if they go belly up, you're going to be really stuffed if you don't have a full set of docs. You're meant to keep those docs securely for 6 years after the tenancy ends and then dispose of them securely i.e. not in the recycling ;-)

                            Registering is easy via the ICO's website and the fee is a tax deductible expense on your tax return. What's less easy is drawing up a Personal Data Fair Processing Notice but you'll find plenty of free templates online which you can adapt to your situation. I get the tenant to sign this when they apply because that's when I first take their data. Your agent should be open to you providing your own form for them to sign on application to pass back to you. Some landlords don't take this seriously and would say that you don't need to do this if you use an agent, but I'd rather not find that someone successfully sues me on a technicality like that as the issue is certainly not cut and dried. After all, it's very easy to cover yourself.

                            Comment


                              #15
                              Thanks that is very informative and I have put the nightmare to bed and am moving forward with arranging works.

                              I confirm that I now feel I have perhaps been a little naïve in assuming that my interests were being looked after.

                              I have always just used an Agent who has basically done everything when marketing / finding tenants. I never get any documents aside from an initial letter sating that Mr "Smith" has passed all reference and necessary checks and would like to rent from 00/00/00. After that I get the AST Agreement to sign on each page and then the money goes in to the bank each month less the Agent fee.

                              Only thing I do thereafter is arrange for trades to visit if any issues are reported.

                              Comment

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