Moving out of house advice

  • Filter
  • Time
  • Show
Clear All
new posts

    Moving out of house advice


    Im moving out of my 4 person shared flat at the weekend when the AST runs out. Another guy is moving in instead of me. I have 4 questions. My landlord is coming round tomorrow to inspect the property...

    1) In my opinion it is in the same state as when i moved in. I aknoledge that there are a couple of marks on the lounge wall about 2 inches across. Can this be put down to wear and tear and if not what is the maxiumum the LL can take out my deposit.
    2) I intend to tidy the flat, but does it need to be spotless if he is assessing the wear and tear in order to give me back my deposit. I know this sounds like a stupid questin but the others in the flat arent moving out and it seems quire hard constantly tidying and cleaning after them so that the landlord sees a pristine flat.
    3)When i moved in the exisintg tenant i moved in with said the carpets were not going to be cleaned - they were not. I have actually cleaned them myself last week knowing that i am going to move out and i know that there small stains on the carpet when i moved in. Can the LL deduct form my deposit even though they were not done by anyone in the AST that i am in (i.e the tenants before me). P.s I did not sign and havent seen an inventory.
    If he tries to take money from me, is there a standard figure, i assume he cant take £100 for a dark 1 penny size spot on the carpet.

    4) My housemate lost his keys and the LL got in a locksmith to replace the cylinder of the yale lock, however a month after this the lock failed (it was the block bit on the back of the door NOT the cylinder that was replaced that failed) In a nutshell, the locksmith thinks its the part he did not replace, whereas the LL thinks the locksmtih's spinning me a yarn (I know for a fact its NOT the part the Locksmith did not replace, however the LL wont listen). Anyway whose responsibility is it to replace the lock as I have a feeling the LL will try and take this problem out of my deposit. In case your sondering we have a mortice lock that we've been using?

    Many Thanks for you advice
    Last edited by plumberman; 26-07-2005, 10:46 AM.

    1) No, and he can take whatever it costs to repaint the wall.

    2) You would have to discuss with the landlord.

    3) Ah, now this makes it entirely different. If you have not seen an inventory or signed it, he cannot deduct a bean from your deposit. BTW, if the mark on the carpet did not come out, he could theoretically, and fairly also, charge for the replacement of the entire carpet. However, if you have not seen an inventory he cannot do this.

    4) First of all, the sentence makes no sense. But you/other tenant are responsible for the cost of the initial lock, but not subsequent costs of the lock being faulty.

    Do not accept any deductions from your deposit, he cannot without an inventory.
    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.


      Regarding the inventory,
      Basically 3 of us moved into the flat with a guy who stayed on from the original AST (the other 3 people moved out). So we began a new AST with the original guy. If the original guy had seen the inventory are we bound by it - i dont beleive he has as he doenst remember. I know none of us "new" housemates have never seen one but is it binding of 1 of the 4 has.

      Also is there any legal bumpf written in black and white stating "if there is no inventory the LL has no claim in keeping any of the deposit".

      Many Thanks


        I do not know the situation regarding if one of the other tenants saw it.

        With regards to legally? You can take it as virtually guaranteed that no inventory = no deposit deductions. I believe legally in a law it will state something similar to "any reasonable deductions must be backed up with evidence that such deductions arose due to the current tenants", this evidence is the inventory. However, I suppose there is nothing to say that they could have photographed every corner of the house prior to you moving in. However, I would very much doubt this, as if theyve been clumsy enough not to make an inventory, they probably wouldnt have done that either....and I doubt any form of evidence has much credibility in court unless the tenant has seen it and agreed with what it represents.

        However, are you not panicking somewhat early, you havent even moved out yet! Do you have some reason to believe that this landlord is going to screw you?
        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.


          Oh but having re-read your post, I believe that having started a new AST, you should have been given a new inventory. If not, then no deductions not 100% on this though
          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.


            I have a feeling since he's done things in odd ways and sent a really stinky letter to us telling us to tidy the house up so he could show it to prospective tenants. He told us it was a "bombsite" and that it would cost hundreds of pounds to clean. It was a complete overreaction on the grounds we had some dirty dishes and some beer bottles after having some frineds round the day before and my washing was on a clothes horse in the lounge. The whole point which he missed was that his son turned up with peopsective tenants without letting us know until that day. we also told him about his leaking shower about 5 times and when confronting his son about this, his son just said " oh you nkow dad, goes in one ear and out the other". He also said he'd clean the carpets which he never did so i assume hes going to forget about that,. I think the final issue is that he wants to come round tomorrow when everyones at work, although im going to try and get him to come in the eveing.


              He CANNOT enter the property without your express permission 24 hours prior. In case he does screw you for deposit and it goes further, keep a note of dates etc. Also make sure you put in writing about the shower, ask him to fix it again. He can, however, ask you to tidy the house, although I would doubt hecan force you....appreciate that it can be difficult to let an untidy house!
              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.


                i completely understand it can be difficult to let an untidy but giving us 24 hours notice would have prevented that. Where you refered to the legal aspect of the AST with regard to ther inventory, is that in the inventory or is it in another legal document. Also if i cant get him to come when we are all there to go through his lists, what would you suggest we do?

                Thanks again


                  When you say "his lists" do you mean a checklist/inventory type thing? You do not have any right to be present when he goes through this, if thats what you mean. A prudent landlord would wish the tenants to be present, but he doesnt sound like he is too prudent! The legal aspect will be not in an AST(although it will have something about the deposit there) it is actually written into property law. Someone more expert in this, like paul_f, will be able to advise you exactly which law.
                  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.


                  Latest Activity


                  • Erroneous Change Of Occupancy Fee
                    Hi There,

                    I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
                    23-01-2018, 13:16 PM
                  • Reply to Erroneous Change Of Occupancy Fee
                    Your information is severely deficient,
                    Of course a move out inspection can be chargedeven with no move in report.
                    You accepted LA fees by proceeding with Application.
                    Deposit ADR cannot be used to contest Agency fees.
                    24-01-2018, 02:53 AM
                  • Attending Court - Advice Please
                    Hi there

                    I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
                    12-12-2017, 18:03 PM
                  • Reply to Attending Court - Advice Please
                    Thank you, Ill take a look!
                    24-01-2018, 02:31 AM
                  • Broken Boiler
                    HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
                    23-01-2018, 13:55 PM
                  • Reply to Broken Boiler
                    I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
                    24-01-2018, 02:29 AM
                  • Section 8 notice served, what next
                    Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

                    I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
                    22-01-2018, 21:46 PM
                  • Reply to Section 8 notice served, what next
                    Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
                    24-01-2018, 02:24 AM
                  • Leak into downstairs flat - advice

                    I'm new the forum and the UK and wonder if you can advise…
                    I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
                    23-01-2018, 08:50 AM
                  • Reply to Leak into downstairs flat - advice
                    T responsibility.
                    24-01-2018, 02:13 AM