No Check-Out Report/Inventory

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  • No Check-Out Report/Inventory

    Hi,

    If there is a dual signature inventory at the beginning of the tenancy but then nothing signed on check-out, can the LL make claims that items need cleaning, replacing etc??

    Im asking this because when i moved out of the property 3 weeks ago we went to do the check-out with LLs at the property and they verbaly said everything was fine. They didnt ask us to sign any papers for anything at all. However, they are now trying to hold our deposit making several false claims such as cleaning etcc. Can LL's win this?? Deposit is in TDS so i will certainly dispute.

    Many thanks for your advice in advance!

    Kind Regards,

    Krib

  • #2
    There is no requirement to have you present at check out, therefore it makes no difference that you did not sign anything on checking out.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


    • #3
      So basically a LL can decide to invent stuff after a tenant has left the property. Interesting!

      Comment


      • #4
        No, a landlord has to prove damages. That proof is not made by "showing" you physically, it is by showing proof to a court should it get that far, in way of photographic evidence etc.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


        • #5
          Oh ok that sounds clearer now!

          My case is not in court but at the TDS dispute service. LL is claiming all sorts of things and listed labour of £50 per day to wash her curtains which she said we didnt do (which is untrue), amongst other things. I wonder if the ICE will see things as they are.

          Thanks again.

          Krib

          Comment


          • #6
            Unless the check out Inventory/Condition report was compiled by a Professional Independant Inventory Clerk, the LL will have a problem justifying withholding funds for damages.

            Basically, unless there were other witnesses present at the time, it will be one affidavit vs. another affidavit. Probably a stalemate and you will be returned your deposit. But you never know how a county court judge will rule on the day, they have enormous powers of discretion in using the spirit of the law over the letter of the law.
            ASSUME NOTHING - QUESTION EVERYTHING!

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            • #7
              Sorry, my apologies. Missed the dispute services venue.
              ASSUME NOTHING - QUESTION EVERYTHING!

              Comment


              • #8
                Hmmm Paragon, sorry to disagree with you for the third time today(I assure you it is nothing personal!), but I don't agree that to have any basis the inventory must be performed by a professional and independant body of any kind. There is no reason why a DUAL SIGNED inventory(by tenant and landlord, fully detailed, would not be taken as fair representation of the initial condition of the property.
                Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                Comment


                • #9
                  Originally posted by MrShed View Post
                  Hmmm Paragon, sorry to disagree with you for the third time today(I assure you it is nothing personal!), but I don't agree that to have any basis the inventory must be performed by a professional and independant body of any kind. There is no reason why a DUAL SIGNED inventory(by tenant and landlord, fully detailed, would not be taken as fair representation of the initial condition of the property.
                  I thought he said it wasn't signed and that the LL said everything was fine.
                  ASSUME NOTHING - QUESTION EVERYTHING!

                  Comment


                  • #10
                    He said the check OUT wasnt, the initial inventory was...
                    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                    Comment


                    • #11
                      Originally posted by MrShed View Post
                      He said the check OUT wasnt, the initial inventory was...
                      The check out Inventory is crucial. That is why you have an Independant Inventory Clerk do it, so there is no chance that it was biased.
                      ASSUME NOTHING - QUESTION EVERYTHING!

                      Comment


                      • #12
                        But by definition there is no bias. The onus of truth is on the landlord to prove damages, not on the tenant to disprove damages. An independant clerks report would have to prove to exactly the same level as a private landlord in court. Proof comes with the facts(witnesses, photographic evidence etc) - there is no reason at all why a private landlord cannot do this, and cannot do this any less well than an independant clerk could.
                        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                        Comment


                        • #13
                          How do you prove that curtains need to be cleaned!! Sounds like a cheeky LL to me!

                          Comment


                          • #14
                            Sadly Mr Shed is correct. Always an independant inventory clerk will give a better report than an agent, going by what I have seen from agents inventory reports, we do give much, much more detail on the condition or at least a much better description of the property, with or with out photographs (always found them to be helpful) when writing up an inventory. Many agents do not bother with check outs from an independant - to save money or to do the check ins - the onus is on the landlord to prove what he is saying is correct, the house is filthy, it does help if mid term inspections reports are carried out, showes the landlord the state the tenant lives, thus provided with another independant report of the state of the property while the tenant is living there.

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                            • #15
                              Choices, you seem to disagree with me there!

                              Let me make it clear. My point is not that it isnt easier to hire an independant clerk - it certainly is. I am not even neccessarily saying it is not BETTER to do so. But what I am saying is that there is no way a court case for damages is going to be jeopardised in any way by the landlord performing these checks rather than an independant clerk, as long as the check is up to the same standard.
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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