Can T insist on L's check-out/inventory before expiry?

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    Can T insist on L's check-out/inventory before expiry?

    Hi,

    I hope someone can advise. My assured shorthold tenancy contract ends on 28th Feb this year. I want to check out of the property on Saturday 28th Feb and then go immediately on holiday for a week. However my managing agent is saying that the inventory clerk can't do the check out before March 2nd.

    This seems really wrong to me since the contract is over by then and I naturally want to be present at the check out to ensure it is accurate and I don't end up being unfairly penalised.

    What rights to I have to ensure that the check out is carried out before the contract expires. The managing agent is being really difficult and is adament the check out can't possibly take place before March 2nd but why should I have to miss my holiday or forfeit my right to attend the check out when the date they are suggesting is after the contract has expired

    Thanks,
    Jo

    #2
    Originally posted by Heminj View Post
    Hi,

    I hope someone can advise. My assured shorthold tenancy contract ends on 28th Feb this year. I want to check out of the property on Saturday 28th Feb and then go immediately on holiday for a week. However my managing agent is saying that the inventory clerk can't do the check out before March 2nd.

    This seems really wrong to me since the contract is over by then and I naturally want to be present at the check out to ensure it is accurate and I don't end up being unfairly penalised.

    What rights to I have to ensure that the check out is carried out before the contract expires. The managing agent is being really difficult and is adament the check out can't possibly take place before March 2nd but why should I have to miss my holiday or forfeit my right to attend the check out when the date they are suggesting is after the contract has expired

    Thanks,
    Jo
    They are being awkward and it is unreasonable of them to insist on doing the check after you have handed in your keys, since anyone could (theoretically) come in and trash the place in between your leaving and the check-out being done. Unlikely, but in principle, it's not a good idea for there to be a time-lapse.

    If the LA won't budge, I would write direct to your LL explaining your concern. He may well be interested to know why LA is hanging around, wasting time after you move out - most LLs want to see the property re-let as soon as poss. It is the normal practice for LAs or LLs to do the check-out on the day the T vacates, then both can agree the final inventory and any deductions the LL thinks appropriate.

    I take it your deposit is protected in a scheme?

    If LL/LA refuse to accommodate your wish, you could take lots of photos the day you move out to show state of property, just in case you need to prove it to the DPS adjudicator. Was the check-in inventory relaly thorough and did all parties agree and sign it as soon as you moved in?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      I don't think there is anything unreasonable at all in your quitting the property on the saturday and the agent undertaking the check out process on the first working day of the following week.

      It is utterly pointless to undertake this activity (assessing the condition of the property) before a tenant leaves and the tenants presence isn't required.

      If you have a dual signed inventory, you therefore have a snapshot of the condition of the property at outset and can challenge any unfair deductions should this take place (when you return from holiday).

      Comment


        #4
        Originally posted by Beeber View Post
        I don't think there is anything unreasonable at all in your quitting the property on the saturday and the agent undertaking the check out process on the first working day of the following week.

        It is utterly pointless to undertake this activity (assessing the condition of the property) before a tenant leaves and the tenants presence isn't required.

        If you have a dual signed inventory, you therefore have a snapshot of the condition of the property at outset and can challenge any unfair deductions should this take place (when you return from holiday).
        Hi

        I lean more towards MTG's advice, but looking at it from the landlord's point of view for a moment, I have experience of ex tenants using the gap between departure and inspection to avoid responsibility for damage, so I wouldn't be impressed with an agent that left me in this position.

        Preston

        Comment


          #5
          Thanks for all your comments.

          MTG, yes the deposit has been protected and there was no problem with the inventory at check in which was signed by both parties.

          The LL is very nice as it is his home which he is only letting out as he is working abroad and therefore wants trustworthy people in. I also think he wouldn't be keen to have a long gap in the tenancy. I think it may be worth involving him if the LA continues to be inflexible - especially as the tenancy agreement clearly states that check out should be at a mutually agreed time and also states that keys should be handed back on the last day on the tenancy or sooner yet he is suggesting I keep the keys beyond this date which I don't want to do.

          Beeber, I see your point about it being the next working day but I have said I am available on Friday 27th Feb as an alternative and think that is reasonable. He has known the end date of the contract and my notification to quit since last month. Also what you state about the tenant's presence not being required may be true but does not put my mind at ease since I have the right to be present to contest any issues rather than having the hassle of doing so after my holiday. I will however be taking photos of the house once I leave as proof of its condition.

          Preston, that is a really interesting point regarding the LL since I'm sure he doesn't want the risk of damage during a gap between tenancy end and check out.

          I think my next step is to contact the LA and copy in the LL. If they still won't budge then I will take photos and dispute any subsequent deductions from the deposit...at least it has been protected!

          Thanks again for all your help.
          Jo

          Comment

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