Non return of deposit

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    Non return of deposit

    Hi

    Please can you tell me if I am entitled to be present at the checkout inventory so any problems can be addressed. My lanlord wishes me to post keys back in a pre paid envelope and has said that the inventory will be done when I leave and then they will notify me in writing afterwards.

    Please advise as I have had several problems with this property and dont want to be penalised for things not down to me.

    Thanks

    #2
    It is normal for the inventory to be done after the tenant has left, so that the property itself can be clearly viewed without obstrucion from the tenants furniture. By that time, the tenancy would most likely be over, so the tenant would not have the opportunity to correct any 'faults'.

    However, if the landlord were to want to deduct from the deposit, and it went to arbitration or court, I think the adjudicator/judge would take a dim view of the tenant not being invited to the check-out and therefore place less store by the contents of that inventory. A checkout condition report by an independant inventory clerk may well be taken more seriously though (ie their job is to simply report - not to negotiate with irate ex tenants).

    Make sure you take lots of photos as evidence of the condition of the place when you leave. Anything mentioned on the check-in inventory should be photographed.

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      #3
      It is certainly good practice for the LL to invite the T to be present when the checkout inventory is done; I'm not sure whether it is your legal right to insist upon it.

      Has the tenancy ended yet, or not?
      '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

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        #4
        Tenancy is due to end 18th sept. But as I have had numerous maintenance issues like rotting windows plaster coming off the walls etc and because I had to inform enviromental health dept the landlord is not happy. I am concerned that she will try and blame me for things.
        I have never come accross a landlord who asks for keys to be posted back what happens if they are lost in post ?
        Should I write back politley saying that it is usual practise for me to be present at inventory ?
        I was planning to get the agent who rented it to me and also did the inventory (who no longer manages it) to inspect before I leave do you think this is a good idea ?

        Comment


          #5
          I know inventory is done after I leave I just requested to know when they wanted to do inventory so I could attend.

          I thought that deposits had to be returned within a certain time

          Comment


            #6
            Originally posted by katrinahale View Post
            I was planning to get the agent who rented it to me and also did the inventory (who no longer manages it) to inspect before I leave do you think this is a good idea ?
            If you are willing to pay him. Depending on the size of the property you could easily be talking £50 to £100. Or hire your own independant inventory clerk.

            Comment


              #7
              Yes, ask to be present.

              The agent who rented it to you may or not still be working for the LL. It's not really appropriate for him to be your 'witness'.

              I would do as Snorkerz suggests and take lots of pictures once you have returned the property to its start of tenancy state (minus fair wear and tear).; keep these in a file/folder with all other communications about disrepair, etc.

              Keys : ask the LL to collect them from you in person or ask him to pay for them to be sent guaranteed delivery (about £5).

              Did you agree a detailed check-in inventory, by the way? Do you have a copy of what you agreed?
              '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


                #8
                Originally posted by katrinahale View Post
                I thought that deposits had to be returned within a certain time
                Yes, 10 days seems to be the opinion of the deposit schemes - but it isn't always possible and there is no effective penalty for not doing so.

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                  #9
                  I know the agent persoanlly and she knows the problems ive had. Im sure she would just come round and look just in case as I help her with other issues. Yes I have an inventory but it just has ticks against things ie new or good the agent did it she has also been back a couple of times for inspections.
                  I also have copies of emails sent regarding maintenance in the last month as I always reported to agent before.

                  Comment


                    #10
                    Did you sign the check-in inventory to agree it was an accurate record?
                    '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


                      #11
                      Yes I signed an inventory in mar 2010. It was a very basic inventory that just stated things were new good or poor with ticks against it. It does state certain things were to be replaced or needs tidying but these things were never done.
                      Against the walls it says painted cream and then ticked good, but now all the plaster is falling off ! also there is a hole in the bedroom ceiling where the roof leaked before it was fixed I have reported these things to the agent but apparantly they dont keep records

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                        #12
                        Why is all the plaster now falling off?
                        '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

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                          #13
                          As im not a builder I can only guess that it was not properly bonded before they re-plastered it. The landlord sent her brother to look at it and he promised to repair it 8 mths ago !!!

                          Comment


                            #14
                            On the basis of the evidence you have described I can only think that the LL will struggle to claim any deductions as the faults in the property all amount to disrepair and not damage (by you).

                            Don't worry. If he does try to claim from your deposit, raise a dispute with the scheme and make sure the adjudicator has all the facts about the state of the place.
                            '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


                              #15
                              Do you have proof that you chased the landlord to get these repairs completed during the tenancy? This will help convince the deposit adjudicator / judge that the damage is not your fault.

                              Comment

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