Check out - Tenant has engaged an inventory clerk who is her friend!!

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    Check out - Tenant has engaged an inventory clerk who is her friend!!

    I am a landlord and have had a tenant in my property for the last 3 years. I completely managed the tenancy and I compiled the inventory at the start of the tenancy and checked the tenant in myself.
    I have now booked the chek out for 7th February 2012, the tenant called today to say she can't attend but has engaged an inventory clerk to attend on her behalf.
    My question is can the inventory clerk have any sway on the chek out report bearing in mind they were not engaged by me, were not present at the start of the tenancy and do not know what the property looked like initially?
    I am concerned that the invetory clerk is a friend of the tenant and will be trying to undermine me as the landlord.
    Any advice would be appreciated.
    Thanks

    #2
    Originally posted by LJS77 View Post
    My question is can the inventory clerk have any sway on the chek out report bearing in mind they were not engaged by me, were not present at the start of the tenancy and do not know what the property looked like initially?
    I am concerned that the invetory clerk is a friend of the tenant and will be trying to undermine me as the landlord.
    I can't really any basis for preventing this person attending. You have to allow the tenant to be present if they want to; so can't see any reason why they shouldn't be able to send a proxy if they can't nake it themselves. It's only because this individual happens to work as an inventory clerk that you've (understandably) got the jitters; but the point is that you will be conducting the inventory, not this person.

    Comment


      #3
      Of course, refusing to allow an "independent" (aye, right..) inventory clerk to attend would be unwise as regards any appeal to deposit protections guys...

      Can't see why one wouldn't allow it...

      A couple of times I considered engaging my own loss-adjuster for an insurancee claim, but never got rounf to it..
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Thanks for your response. I'm just wondered if the invetory clerk compiled her own report whilst she is there, can this be submitted as evidence if the tenant decided to dispute what I want to claim for from the deposit?

        Comment


          #5
          Originally posted by theartfullodger View Post
          Of course, refusing to allow an "independent" (aye, right..) inventory clerk to attend would be unwise as regards any appeal to deposit protections guys...

          Can't see why one wouldn't allow it...

          A couple of times I considered engaging my own loss-adjuster for an insurancee claim, but never got rounf to it..
          I have no problem with the tenant asking someone to be present in her place. I just wondered whether the inventroy clerk can have anything to do with the check out report that I will be compiling bearing in mind that they have no view of the properties original condition as they were not present at the start. WOuld the DPS take this persons views in to account if there was a dispute?

          Comment


            #6
            £5 to (our agreed..) nominated charity of inventory clerk does NOT produce their own check-out report...

            Why would DPS trust a landlord's commissioned checkout more than a tenant's>>???
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              £5 to (our agreed..) nominated charity of inventory clerk does NOT produce their own check-out report...

              Why would DPS trust a landlord's commissioned checkout more than a tenant's>>???
              Sorry, I dont understand what you mean? I am the landlord and am doing the check out myself, the tenant has employed her own invetory clerk.

              Comment


                #8
                I am offerring a bet of £5 saying the tenant's inventory clerk will produce their own report.. time will tell... If they don't I'll be happy to pay up... (really..)

                My second sentence was perhaps an unneccsarily cyncial opinion on the matter of DPS adjudicators...

                Please feel free to ignore all & any of my comments...

                Cheers! Artful
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  OK, I'm with you!

                  If I do not agree to the inventory clerks report surely the DPS can't use it?

                  Comment


                    #10
                    Originally posted by LJS77 View Post
                    were not present at the start of the tenancy and do not know what the property looked like initially?
                    Actually, that's the best person to carry out a fair inspection, then. The point is to record the condition as it is now, without being influenced by how it allegedly was.

                    Comment


                      #11
                      Originally posted by jjlandlord View Post
                      Actually, that's the best person to carry out a fair inspection, then. The point is to record the condition as it is now, without being influenced by how it allegedly was.
                      I understand that but surely it is not for the tenant to arrange an inventory clerk?

                      Comment


                        #12
                        Originally posted by LJS77 View Post
                        I understand that but surely it is not for the tenant to arrange an inventory clerk?
                        The point of using an inventory clerk is to have someone independent (ignoring the potentially important caveat of who's paying him) assessing the condition of the property.
                        It's usually mostly useful for landlords, as one could assume that a landlord carrying out the inspection himself would be biased towards finding issues.
                        In the same way, a tenant is free to call in his own independent clerk. There's no rule against several inventories being made.

                        In principle the only thing you can do is to deny this person access but only if tenancy has already ended (as otherwise the tenant can invite anyone he wishes).

                        Comment


                          #13
                          Originally posted by LJS77 View Post
                          I understand that but surely it is not for the tenant to arrange an inventory clerk?
                          The tenant has as much right to arrange for an inventory clerk to attend as you do. Their report (if they do their own) would be considered as evidence if it was submitted. If you had reasons to doubt its authenticity you can raise them at that time and let the adjudicator (or judge) take that into account

                          I'm not quite sure why you feel in a position to deny the tenant the opportunity of producing evidence if they wish to. You may want to stack the cards in your favour but the tenant shouldn't have to let you and doesn't want to either.
                          Disclaimer:

                          The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                          Comment


                            #14
                            You can always engage your own ind inventory clerk to attend at same time.

                            Comment


                              #15
                              Originally posted by mariner View Post
                              You can always engage your own ind inventory clerk to attend at same time.
                              Why don't we all swing by LOL.

                              I'll take the digi-cam and you can source that day's newpaper.

                              Sorry I find it highly doubtful your T knows an independant inventory clerk, let alone paying for one. It's a friend just looking out that the LL won't make spurious deductions. Greet this so called IVC with a smile and a handshake. Ask questions about their industry (would make sense you have similar experiences) and that you've lately been wondering if it's worth employing the services in future rental agreements. If they then go into sales spiel you've a real one, umming and arrrring and it's the Ts friend from down the road with google as their homepage.
                              I'm a good tenant with great landlords
                              I'm also a living, breathing, fully cooked female.

                              Comment

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