Inventory unsigned- is it valid?

[Moderator1]

Two threads on the same topic have been merged here.

[Preston]

Hi

You do indeed have a bit of a problem, but don't give up just yet. A signed inventory is not essential, but evidence of some kind definitely is. You need to be able to demonstrate that the tenant has caused the property and fittings to deteriorate beyond fair wear and tear. So, what evidence to you have? Did the agent keep any inspection records? Were there any other witnesses who could give evidence as to condition? If the boiler is broken, then why, has been it been physically damaged? And presumably you have the evidence of the last gas safety certificate to demonstrate that it was functioning correctly?

No doubt you get my drift. It is a case of building up whatever evidence you can lay your hands on and assessing it realistically.

Preston

[Rossi]

Problem - unsigned tenancy

Tenant vacated but not before leaving a right dirty mess bin bags full of rubbish which we have now removed

Drill holes in the walls (looks terrible as walls are all papered)
Holes from installation of sat dish (done without permission)
Carpets dirty and stained
marks on wallpaper in 2 rooms paper ripped
Boiler broken
Washing machine broken
damage to kitchen units and worktops badly marked
settee stained
mattresses dirty & smelly
changed locks & door handles (which were perfectly ok I would like originals refitted)
House has not prof cleaned

as anticipated, T is disputing general cleanleness & condition of property/ contents and as the LA didnt get T signature on the inventory what can we do as the deposit is not going to cover repairs/cleaning we feel the LA has let us down badly we have no photos to support our claim

Thanks for your advice

[Rossi]

Problem - unsigned iventory

Thanks again Paul that some comfort

Just found letter sent to tenant enclosing 2 copies of the inventory requesting "tenant checks, signs and returns a copy within 7 days to ensure that we comply with our contractual obligations and the requirements of the holding of your deposit under the TDS"

Also after I signed and returned the TA the LA & T marked several clauses N/A again I was told "not to worry about it, this will not affect you" not the point. What are your thoughts on this please.

LA are members of NAEA OFT Onbudsman Scheme & RICS

Thank you

[PaulF]

Your agent has failed in its duty of care if there are damages/loss after your tenant moves and the deposit fails to cover it. You should therefore take action against the agent. If the agent is a Member of the Ombudsman Scheme (OEA) then you can take it up with him (Chris Hamer). If not then unfortunately you are on you own and will have to take it up with the agent and pursue through the courts if necessary. It's likely your agent will be regulated if a Member of the OEA Scheme, and you might want to complain to their Association.

[Rossi]

Problem - inventory unsigned

Thanks for reverting Paul and in response to your questions


1. Yes T of B in place and signed by me
2. As per my wishes LA prepared inventory but failed to get tenant´s signature
3. -
4. in the event of a claim who do I pursue for damages
5. Yes deposit held with TDS

[PaulF]

1. Firstly did you have a Terms of Business with your agent in writing?
2. If so does it state who is responsible for preparation of the inventory.
3. If there is no written TOB then you will have to rely on any other correspondence as to where the repsonsibility rests.
4. No signed inventory certainly favours the tenant.
5. Is there a deposit and is it held within a TDS?

[Rossi]

Problem - inventory unsigned

Hi all

My property is fully managed by an agent who drew up an inventory (if you could call it that) on my behalf. Despite numerous requests for a copy of the signed inventory over the past 6 months LA just ignored me, I now realise why, the LA failed to get tenant to sign the document. Tenant moves out next week, agent has told me "not to worry" I am seriously worried

Property was let fully furnished, if tenant has caused any damage to the property/furniture, removes anything on departure or perhaps disputes the condition of the property where do I stand?

Your expert advice is very much appreciated

Thanks - Rossi

[Bel]

We have had the place cleaned professionally incl. carpets and we've touched up places decor wise that we thought needed it. But we've had the landlady from hell over the last 8 months. She's refused to do an repairs, workmen refuse to come back to complete work because she won't pay them, we've had solicitors letters on behalf of the drain clearing company who did some work a couple of days after we moved in in December 06. The last straw was when the shower began to leak into the bedroom next door - we've not had a working shower since June 4th and we are a family of 2 adults, a 14 yr old and a 16 yr old. A plumber started the work and wouldn't come back because of non-payment, plus we were a bedroom short because of damp. We have bare electric wall lights next to the shower over the bath but as there's no shower screen between the two we couldn't use that shower either. Despite written agreement that we could hang pictures/mirrors etc., she's now saying she wants the whole place redecorating. The list goes on and on - I could really write a novel regarding our experience at this property and all for 1800 pcm !! Her agents are advertising the property without even seeing its condition and the description just belies belief - I just feel sorry for the next poor souls that rent this place.

Gather evidence in case she witholds your deposit.
She is not entitled to betterment (eg redecorating).
You are entitled to compensation for the disrepair..regarding loss of bedroom etc.

[cillitbanger]

We had a landlady like that, fortunately we've left her in Bristol lol

[carol]

We have had the place cleaned professionally incl. carpets and we've touched up places decor wise that we thought needed it. But we've had the landlady from hell over the last 8 months. She's refused to do an repairs, workmen refuse to come back to complete work because she won't pay them, we've had solicitors letters on behalf of the drain clearing company who did some work a couple of days after we moved in in December 06. The last straw was when the shower began to leak into the bedroom next door - we've not had a working shower since June 4th and we are a family of 2 adults, a 14 yr old and a 16 yr old. A plumber started the work and wouldn't come back because of non-payment, plus we were a bedroom short because of damp. We have bare electric wall lights next to the shower over the bath but as there's no shower screen between the two we couldn't use that shower either. Despite written agreement that we could hang pictures/mirrors etc., she's now saying she wants the whole place redecorating. The list goes on and on - I could really write a novel regarding our experience at this property and all for 1800 pcm !! Her agents are advertising the property without even seeing its condition and the description just belies belief - I just feel sorry for the next poor souls that rent this place.

[choices]

Usually the report will state that if the inventory is not signed or returned within 7 days it is accepted that the tenant agrees with the findings.
Quite a few letting agents will not pay a clerk for a check in, and just send the tenant the inventory, so in the tenants own time they can check the report and if they do not agree with something, as long as the timescale is short, they can make a note to the agent, although some tenants just write notes on the inventory.

[Bel]

I am about to check-out from a rented property, but whilst we have an inventory it has not been signed by either tenant, landlord, agents or inventory clerk. Is it still a valid inventory. The landlord is insisting on a full check-out using this document.

The LL can insist it's used...its whether you agree that you are responsible for any losses that he finds or not, that it matters.

Go with the flow, until you know he is being unreasonable. Just be honest about what is your loss and what you think is inaccurate in the inventory.

If there is a problem, you know that it will be hard for him to prove its your fault because nothing has been signed. But don't use it as an excuse to get away with what you should be responsible for.

[carol]

We have an ingoing inventory which we paid for, but none of the copies have been signed by anyone

[cillitbanger]

Did you have an ingoing inventory?
If not, how can they do an outgoing one they have nothing to compare it with