Inventory not signed by both parties.Who is responsible?

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    Inventory not signed by both parties.Who is responsible?

    Hi, I moved in a flat a bit more than a year ago and the letting agency didn't sent me the inventory report at that time. I haven't receive it so far,therefore it has not been signed by me neither by them.
    I have chased them a lot of times when I moved in but they didn't send it to me.

    So my question is who is responsible for that if there is any problem with the deposit. did they have to send it to me or did I have to chase them until I got it. basically is it my mistkae or their ?

    Cheers

    Sam

    #2
    Originally posted by Sa_Casa
    basically is it my mistkae or their ?
    Entirely theirs. If they haven't got an inventory with your signature on it, then there is no inventory, end of story, and under such circumstances the ball is entirely in your court when it comes to arguing the toss over getting your deposit back.

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      #3
      Quite simply, theirs. Without a valid and signed inventory, they will find it nigh on impossible to make deductions from your deposit.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        #4
        ok tks guys for your reply... feel better to be in my position now

        Comment


          #5
          You are welcome. Just be aware that 99% of letting agents/landlords who do not make an inventory their top priority do so because they are unaware of its importance with making deductions from the deposit, and so will probably still deduct from it. So be prepared for the distinct possibility of a legal battle to reclaim it...albeit an almost certain win for you.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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            #6
            OK tks but the flat is in the same condition than when i moved in so it shouldn't be a problem... am ready if necessary

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              #7
              No Inventory signed by you = No lawful deductions by the landlord. It's that simple but you might have to go to court to recover it!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                #8
                Originally posted by Sa_Casa
                OK tks but the flat is in the same condition than when i moved in so it shouldn't be a problem
                Yeah right.... sorry, but just be prepared: I'm afraid Mr Shed's spot on!

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                  #9
                  Hi, i just received the letter from my estate agent saying they agree to let me leave the flat mid september. However it's written I need to go through all the inventory report and check that all is ok and they do recommend me to be here at the check out.

                  ..but as specidied above, I haven't received any inventory report so when do I have to let them know that nothing has been signed... asap or wait until the last day ? or i doesn't matter..?

                  Thank you, Sam

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                    #10
                    My suggestion here (perhaps others may agree or disagree!)

                    Do nothing it this stage to show you are alert on the consequences of the missing check in inventory and condition report.

                    If asked for a signature or comment on the checkout inventory see that it has been signed and dated by the inventory clerk. State you do not dispute the condition of the property as described on the inspection date. Endorse and sign the report with something along the lines of:-

                    This report is a fair representation of the condition of the property as it was first rented to me. I have taken good care of the property and contents . As a new tenant I was not given the opportunity to check and sign an incoming inventory and condition report. Without a signed incoming inventory and condition report it is not lawful to withold of any amount of my retained deposit.
                    Vic - wicked landlord
                    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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                      #11
                      I would tell them nothing. And to be honest, I'm not totally sure that I would go to the check out either...it certainly isn't neccessary for you to do so, as regardless of what they find, they have nothing to base any deductions on regardless!
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                        #12
                        OK thank you all.

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