Landlord With Previous Inventory - Not Current PLEASE HELP

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    Landlord With Previous Inventory - Not Current PLEASE HELP

    Hi All,

    I have searched through the posts to see if this question has popped up[ but can not find it.

    We have been renting in our property for 3.5 years but in our last contact (01 March 11 - 01 March 12) We didnt recieve an inventory. We have now put in our letter to say we are leaving, but there are scuff marks on the walls, where the sette has been and scuff marks on the walls.

    Can the landlord charge me for re-painting, we have no inventory, but he has inventory's and pictures from previous contracts which i signed?

    Any help on this would be appreciated.
    Many thanks
    AR

    #2
    If you have been resident in the property continuously for 3.5 years, the original inventory will still be valid. It is only necessary to have a check-in inventory when you move in and a check-out when you move out.

    However, having lived there for that amount of time, I would expect some "wear and tear" from normal day to day use of the property. Obviously I cannot tell whether your LL will accept the damage you have described as fair wear and tear or chargeable repairs.

    Personally, I would suggest you contact them and ask them whether they expect you to put it right. Maybe even suggest a quick inspection before the actual check-out to give you time to rectify anything before you leave. Better ask now than ignore it and be charged later, bearing in mind you will only be paying for the paint, whilst LL may charge you for paint, labour and coffee for the decorator!

    Comment


      #3
      If you've rented the property continuously for 3.5 years, (same T, same property) there is no need for repeated mid-tenancy inventories - it's essentially the same tenancy even if you've agreed new fixed terms during that time. All LL needs to prove damage is an inventory, signed off by T, at the start of the tenancy, and one at the end (which doesn't have to be signed off by T). You will be liable for repairing damage, or anything which isn't fair wear and tear. Minor scuffs to paintwork are likely to fall under fair wear and tear, especially after a tenancy of 3.5 years.

      Note that, although it's polite to do so, you do not have to give notice to say that you intend to vacate at expiry of the fixed term. Note, also, that if the term is expressed as 12 months/a year commencing 1st March 2011, then the last day of the fixed term will be 29th February 2012, not 1st March 2012. If you are in occupation at midnight of 29th February 2012, then a statutory periodic tenancy will arise, and to end the tenancy after that you'd need to give at least one month's notice to quit.

      Comment


        #4
        Well many thanks to both of you that have offered information about this, one thing i am confussed about is the fact i dont have to give notice? can you please elaborate?

        On my particulars (which are manually written in the tenancy agreement by LL) he states i have to give two months notice?

        So i dont even need to inform him that i am leaving the property? I would have to inform him so that i can get my deposit back, also dont i have to give one/two months notice?

        I want to be fair with the landlord, and give him as much information as i can, so i do intend to write him a letter, although he is a terrible landlord. Our house is full of mould upstairs, which he though he would fix by hammering 3 huge airbircks upstairs for ventalation, which of course hasnt worked and has left upstairs very cold even if we have the heating on for 7 hours a day, full blast.

        Thanks again

        AR

        Comment


          #5
          Originally posted by radford1980 View Post
          Well many thanks to both of you that have offered information about this, one thing i am confussed about is the fact i dont have to give notice? can you please elaborate?

          On my particulars (which are manually written in the tenancy agreement by LL) he states i have to give two months notice?

          So i dont even need to inform him that i am leaving the property? I would have to inform him so that i can get my deposit back, also dont i have to give one/two months notice?
          You don't have to give notice to end a tenancy at the end of the fixed term, because, regardless of what it says in the contract about giving notice, the legal position is that the tenancy simply ends at fixed term expiry if the tenant vacates before midnight on the last day of the fixed term. End of contract, end of tenancy - you've signed up for no more than that.

          Tenancy contracts often contain such a notice clause, but it is not enforceable, i.e. LL cannot claim any rent after the end of the fixed term if you move out at fixed term expiry without having served notice under the clause.

          Obviously, it's sensible/considerate to tell the LL you're planning to move out, so that he can make his own plans to relet, arrange a check-out inventory, return of keys/deposit, etc.

          Comment


            #6
            Thanks again, i have spoken with Shelter also today about my landlord wanting to show prospective tenants around the property. Shelter told me because my contract states 24hrs notice to show people around the property (or something to that extent) i have to honor this, also they pointed me to legislation in the 1985 landlord and tenant act, that shows a landlord can enter your property if they have confirmed in writting 24hrs prior, to view the state of property and review any maintainance... i told the guy from Shelter this is not what i have read and stated trespassing/right to quiet all those terms etc... but he told me that isnt the case...

            This is so confussing, especailly when you talk to the people in shelter who know about this..

            Comment


              #7
              Shlter are right about the 1985 Landlord and Teant Act - but what it actually says is "there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

              This implied covenant just duplicates what your tenancy agreement terms require. However, I would question whether traipsing round with prospective tenants is quite the same as 'viewing their condition and state of repair'. I suppose technically it is - but the landlord would only have cause to do so periodically, he won't need to visit twice a week (with guests) to check the condition of the carpets

              The landlord has a right of access, you have a right to refuse it, the landlord would then need a court order (which he could get but would take time) to enforce his right.

              This may be of interest: http://www.landlordlawblog.co.uk/201...its-still-his/

              Comment


                #8
                Originally posted by radford1980 View Post
                Shelter told me because my contract states 24hrs notice to show people around the property (or something to that extent) i have to honor this
                Yes, to an extent, but it doesn't mean that the LL has carte blanche to show 20 people round per day, at half hour intervals, or at 4am in the morning, just because he's given you 24 hours notice.

                You're within your rights to insist on viewings only on certain days and/or at certain times.

                i told the guy from Shelter this is not what i have read and stated trespassing/right to quiet all those terms etc... but he told me that isnt the case...
                It's a case of competing rights. LL has retained a right of access for viewings, but you also have a right to 'quiet enjoyment' (note this is nothing to do with 'peace and quiet', but means non-interference by the LL).

                Comment

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