Late Checkout

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    Late Checkout

    Dear LLZone,

    I moved out of an old property on the 30th June, and since that date tried contacting the LL and agency to arrange a checkout.
    Today (19th July) I had the LL phone me wanting to do a checkout.

    The contract states within 10days of the end of tenancy the LL must raise any deductions he wishes to make. It is past this date - is he able to try and do a checkout now? Or can I tell him no, we tried to do this and you ignored us? And we want our full deposit returned (it's insured with TDS).

    Kind regards,
    W

    #2
    You will be liable for any damage you have caused, whether the deposit is returned to you or not, and if you have been invited to a checkout and not attended then any claim of yours that the checkout is inaccurate will be severely weakened.

    I would strongly advise you to attend the checkout so that you can observe any percieved problems and discuss/negotiate the solution with the landlord there and then. I would advise you to photograph any issues that the landlord has, just in case this ends up on an arbitrators desk, or in court.

    Remember, you are liable for damage, missing items and un-cleanliness - but you are not liable for fair wear and tear.

    Comment


      #3
      The LL is entitled to arrange a check out whether you cooperate or not; you've no entitlement to be there.

      If there is a dispute over deductions, and it goes to TDS adjudication, and you win because the contract says LL can't claim deductions after 10 days - even then, the LL may still bring a county court claim against you for any damage you've caused. The 10 days thing doesn't remove your liability for damage, it could only mean that the LL couldn't claim for that damage against the deposit.

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        #4
        Yes but... tenant has not been there for 19 days or so. LL would have to prove any damage was done by tenant which may not be easy. It certainly would not be possible in a criminal prosecution for criminal damage or similar. I know the burden of proof is only balance of probabilities in the civil court but it could be tricky!
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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