Inventory check out question

[Jimothy]

Hello,

I'd be very grateful for some insight into the following clause of a tenancy agreement I'm currently looking over:

INVENTORY
5.1 The Landlord will be responsible for the making, checking and paying for of the inventory check in. The tenant shall be responsible for the cost f the inventory check out
5.2 The tenant will accept the findings of the inventory clerk appointed by the landlords agent and any assessment made by the Landlord's Agent of the compensation or other sums payable by the Tenant which assessment will be final and binding on the Tenant

I am fine with 5.1, and largely fine with the first part of 5.2. However, I am not happy with the second part of 5.2, which appears to me to give full control to the management company in deciding the relevant costs of any damage found by the clerk. What would the realistic legal implications of this be in the case that the check out found me to be responsible for damages? Would I have no opportunity to contest the landlord's (landlord's agent's) quantification of the damage?

Many thanks.

[Lawcruncher]

5.2 would seem to run counter to the principle that no man should be a judge in his own case and is on that account probably void. It also has "unfair term" written all over it - see in particular paragraph 1(q) here: http://www.legislation.gov.uk/uksi/1...chedule/2/made However, you do not want any arguments over its validity so delete it. Point out that as the deposit will be protected the proper forum for resolving any dispute is through a deposit scheme or the court.

[Ericthelobster]

I am not happy with the second part of 5.2, which appears to me to give full control to the management company in deciding the relevant costs of any damage found by the clerk. What would the realistic legal implications of this be in the case that the check out found me to be responsible for damages? Would I have no opportunity to contest the landlord's (landlord's agent's) quantification of the damage?

I certainly wouldn't be happy with it, either.

Perhaps you should propose and alternative:
5.2 The Landlord will accept the findings of the inventory clerk appointed by the Tenant and any assessment made by the Tenant of the compensation or other sums payable by the Tenant which assessment will be final and binding on the Tenant
and see if they think that's reasonable?!

[jpkeates]

Can't bind the tenant to the tenant's assessment.
That's circular.

It's probably an unfair clause and I'd delete it.

I have an agent who carries out the inventory check and the tenant and I have 14 days to review or dispute it on check in.
We do the same on check out, but the dispute resolution process probably makes that redundant.

[Lawcruncher]

I have an agent who carries out the inventory check and the tenant and I have 14 days to review or dispute it on check in.

What does the provision say?

[jpkeates]

The tenancy agreement refers to an "Inventory" and "the furniture and effects listed in the Inventory".

The 14 day process is simply the process we follow - and it's outlined in the email that accompanies the scanned version of the document sent to both parties.

[Lawcruncher]

What I am trying to establish is if you have an agreement to agree. Does the tenancy agreement simply say the parties will agree the inventory within a specified period, or does it provide for reference to a third party in the event that agreement cannot be reached?

[jpkeates]

The tenancy agreement talks about an "Inventory".
The inventory, and our communication about it, talk(s) about 14 days - and a default agreement if nothing is raised.

There is no mention of a 3rd party if no agreement is reached - which is a chance to improve on the check out inventory, as the deposit company would become involved.
I've never had an issue on check in, to be honest - the problems we've encountered have been things not working, not things not being as described.
Again, the agents (in this case) are pretty good and the inventories have been accurate - we go through the property pre-let so we're usually comfortable with the state of the place.