signing inventory

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    signing inventory

    Ok this is the situation.
    Tenant comes in to the office, signs the tenancy agreement, pays all the money. The agents do a "check in" that is a clause in the agreement, tenants meet the agent at the property and say "cant be bothered to do check-in, just give me the keys, I will go through the inventory later.
    Is the agency with in their rights, as per agreement, to say "I can not give you the keys until I have checked with the landlord, or taken legal advice"
    Question is :-
    1. is the clause " inventory must be signed before the release of the keys" in the agreement enforcable ?
    2. the tenant has paid his money and signed the agreement, therefore is he within his rights to demand the keys?

    #2
    Until given the keys, there is no tenancy, so it is contract law.

    If the prospective tenant is not complying with contract (that he has signed and agreed to) requirements then it is acceptable for the agent to withold keys, indeed desirable from the landlords PoV.

    Comment


      #3
      Sorry if I'm missing the obvious. Can you not just all meet at the property and take 10/20 minutes to go through it together and sign it ?

      You are wanting the keys to a property worth possibly hundreds of thousands, a LL would be crazy not to have an inventory indicating the initial condition that is agreed with the T.
      I'm a good tenant with great landlords
      I'm also a living, breathing, fully cooked female.

      Comment


        #4
        I assumed slc works for LA.
        Some dates when all this occurred and agreed T commencement date would help.
        Problem with signed inventory before keys is that T must be given opportunity to check and sign. Next time, remind Ts to allow time on move in day, to check & sign inventory in presence of agent, otherwise keys will not be handed over.
        Agent must then be avail to let the T in, not hand over keys at the office.

        Comment


          #5
          In many instances it is practical to do the inventory the day before move-in.

          Comment


            #6
            "n many instances it is practical to do the inventory the day before move-in."
            Agreed, & pro Ts presence not required, though they should be given reasonable time to check & sign subs to agreed move in date. They may not be avail before.
            Witholding keys on agreed move in day may jeapordise implicir contract to supply.
            Ts signature on move in inventory is pref, but not essential, if T failed to provide amendments/sig within clearly stated time (1st rent period), then T is voided automatically at end of first T period?

            Comment


              #7
              1. is the clause " inventory must be signed before the release of the keys" in the agreement enforceable ?
              No.

              2. the tenant has paid his money and signed the agreement, therefore is he within his rights to demand the keys?
              Yes.

              Whether by inventory is meant a list of contents or a record of condition or a combination of both, it is part of the contract and must therefore be agreed before the contract is signed. Any provision requiring agreement later is void as an "agreement to agree" unless there is a provision for determination by a third party in the event of dispute.

              Comment


                #8
                Originally posted by Lawcruncher View Post
                Whether by inventory is meant a list of contents or a record of condition or a combination of both, it is part of the contract and must therefore be agreed before the contract is signed. Any provision requiring agreement later is void as an "agreement to agree" unless there is a provision for determination by a third party in the event of dispute.
                Okay Lawcruncher, how about a term that states the contract can not come into effect until the inventory/condition report is agreed by both parties. It is not an agreement to agree, because the first 'agree' doesn't come into effect until after the 2nd 'agree'.

                Or, given the scenario where tenant A moves out on the 26th and tenant B moves in on the 27th, how do you suggest the landlord protects himself (ie by ensuring an i/cr is agreed) so far as the paperwork is concerned?

                Would the use of an acredited inventory clerk be of use? Can a requirement be included in the contract that an independent clerk be allowed to inspect the property 1st thing on move-in day? If so, would a LA clerk be acceptable as they would be perceived as working for (and known to) both landlord and agent at that point.

                Comment


                  #9
                  Okay Lawcruncher, how about a term that states the contract can not come into effect until the inventory/condition report is agreed by both parties. It is not an agreement to agree, because the first 'agree' doesn't come into effect until after the 2nd 'agree'.
                  A contract conditional on the inventory being agreed is fine, but you would have to have a long stop date for agreement. The snag of course is that ether party may withdraw simply by failing to agree. You cannot, except with skilful drafting, impose an obligation to agree because the contract is conditional on agreement being reached. Finally, if agreement is not reached then there will be no contract and all sums paid must be refunded

                  Or, given the scenario where tenant A moves out on the 26th and tenant B moves in on the 27th, how do you suggest the landlord protects himself (ie by ensuring an i/cr is agreed) so far as the paperwork is concerned?

                  Would the use of an acredited inventory clerk be of use? Can a requirement be included in the contract that an independent clerk be allowed to inspect the property 1st thing on move-in day? If so, would a LA clerk be acceptable as they would be perceived as working for (and known to) both landlord and agent at that point.
                  I think that the point I am making is that you need to do things properly and, unless you are super-organised, you cannot expect to do things properly if you do not pause for breath between the end of one tenancy and the beginning of another.

                  On the whole it pays to keep things simple. The inventory should be agreed before the contract is signed without pressure being put on the tenant.

                  Comment


                    #10
                    Originally posted by Snorkerz View Post
                    Would the use of an acredited inventory clerk be of use? Can a requirement be included in the contract that an independent clerk be allowed to inspect the property 1st thing on move-in day? If so, would a LA clerk be acceptable as they would be perceived as working for (and known to) both landlord and agent at that point.
                    what do you think?

                    Comment


                      #11
                      Originally posted by Snorkerz View Post
                      what do you think?
                      It depends how it is drawn up. There are two dangers. The first is falling foul of the UTCCR. The second is drawing up something unenforceable.

                      Comment


                        #12
                        Originally posted by Brb View Post
                        Sorry if I'm missing the obvious. Can you not just all meet at the property and take 10/20 minutes to go through it together and sign it ?

                        You are wanting the keys to a property worth possibly hundreds of thousands, a LL would be crazy not to have an inventory indicating the initial condition that is agreed with the T.
                        Its not a case of meeting at the property, the case is, the LA representative will do a "check-in" in which they walk round the property and check the inventory together. The property is a 3 bed house and the LA says it will take 1hr to complete. Tenant just wants to move in as they have had a long journey with 3 kids and a dog and its 5pm on a Saturday. Tenant says they will check the inventory and return by Tuesday.

                        LA answer is, if you dont do the check in, we will not give you the keys, as this is a cause in the tenancy agreement, is the clause enforcable?
                        The question is- Can the LA enforce this clause and refuse to give them the keys? many agents do not have check-ins, they just give the inventory and set a time scale to return it with any admendments?

                        Comment


                          #13
                          Originally posted by mariner View Post
                          I assumed slc works for LA.
                          Some dates when all this occurred and agreed T commencement date would help.
                          Problem with signed inventory before keys is that T must be given opportunity to check and sign. Next time, remind Ts to allow time on move in day, to check & sign inventory in presence of agent, otherwise keys will not be handed over.
                          Agent must then be avail to let the T in, not hand over keys at the office.

                          Actually I do not work for LA, it was my nephew this happend to last month, and the agent handed the keys over when he threaterned him with court and the cost of family accomodation over the weekend, and storage of his furniture. His argument was, I have paid my money, signed the agreement therefore I am entitled to the keys as i am now in a tenancy.
                          Is the clause enforcable?

                          Comment


                            #14
                            If it is like this:

                            (a) there is an agreement which says that A lets to B a certain property for a tenancy starting on a specified date;

                            (b) the agreement contain a clause saying the parties will agree an inventory before the tenant moves in;

                            (c) B has complied with everything required of him under the agreement except agreeing the inventory;

                            (d) the specified date arrives;

                            then, B must be allowed into occupation and the clause about agreeing the inventory is void because it is an agreement to agree.

                            Comment


                              #15
                              LC, I disagree in part. The AST stipulates inventory agreement before keys can be handed over. Before keys are handed over, the T cannot take legal possesion, thus activating T.
                              However there is a contract to supply and if keys are witheld, LL is liable to prosp Ts claim for tewmp accom. It would be for a Judge to decide if Ts failure to allow time for inventory check was contributory.
                              Signing inventory does imply consent, but T would be able to make amendments for acceptance by LA.

                              Comment

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