Old inventory used to check in tenants - now dispute over contents & condition

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    #16
    I'd be astonished if the deposit wasn't protected (because the agent would be an idiot) but it's worth while challenging the agent on the issue.

    It's also odd that all of the tenants have misplaced their tenancy agreements.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      all new today! the boys are together travelling for 5 hrs in a van and consequently comparing phones and lo and behold ALL their documentation has been sent to them by email and has just been sitting there on their phones!

      The deposit scheme was taken out and does exist (TDS).

      There is also the inventory taken 5 days before they moved in with photographs (dated) BUT the dishonest part is that the areas now in contention - smashed in door jamb, missing door handle, pull up bar etc have all been photographed from an angle that deliberately obscures them - now I can see why it was reliant on the boys to report any faults within a week - in that they didn't they were always going to be made liable for them at check out.

      The latest issue is keys. As mentioned before a scan pic has been sent of a huge set of keys sitting on what appears to be a document with their signatures on and the word 'key sheet' at the top. They all claim to have not see the keys before... as this exact bunch hasn't been returned at the end of tenancy (altho what they considered the originals were) they are now being charged £750 in extra rent for lack of key return. Is the scan thing common practice? it doesnt seem to be date stamped.

      My original suspicion was that it was bogus, but the boys are such a bunch of twits - I'm willing it not to be their teenager lack of memory. :-)

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        #18
        The agent is (from the sound of it) trying to claim that the tenancy didn't end because all the keys weren't returned.

        Returning keys is usually an offer of surrender (which the agent/landlord accepts ending the tenancy).
        But if there's been notice issued and accepted, the keys are academic.

        How was the tenancy ended (and what evidence is there of what was agreed)?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #19
          Thank you jpkeates!

          Son is out of range again so can't ask him for definite, but the intention was always that this would be a year's tenancy and this was made clear from the start.

          The boys have paid 6 months rent in advance, and presumably another 6 months when due - this was done by their manager, so there would not hve been any delays.

          The house was sold during their tenancy and they were offered an extension to their tenancy around a month before it ended but declined. I think this will have either been verbally or by email... I don't think there were ever any misunderstandings re when they were moving out.

          The agent didn't appear to have any other tenants moving in - poss because he'd put the rent up by £35 pw and it was no longer such a bargain for the area it was in!

          But if there's been notice issued and accepted, the keys are academic

          so does that mean that the LA can't charge the extra £750 for extra rent after they'd all moved out OR the £250 for deep carpet cleaning because in making his rent extension it took the tenancy over the 12mth letting period??

          TIA

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            #20
            Originally posted by Woodhouse View Post

            But if there's been notice issued and accepted, the keys are academic

            so does that mean that the LA can't charge the extra £750 for extra rent after they'd all moved out OR the £250 for deep carpet cleaning because in making his rent extension it took the tenancy over the 12mth letting period??

            TIA
            From what you have told us, no, they cannot claim the Ts owe rent for the period after they moved out.

            The carpet cleaning is a separate issue and whether or not it can be claimed for depends largely on the check-in inventory & schedule of condition, and the check out inventory assuming it is supported by photgraphic evidence.

            If the boys don't think they left the carpet dirty they should dispute this amount via the TDS. The onus will be on the LL to prove the carpet needed cleaning, not on the boys to prove it didn't.

            Even if there is a clause in the contract making the Ts liable for cost of carpet cleaning at the end of the tenancy, it may well not be enforceable (e.g. if carpet wasn't left dirty).
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #21
              Unless the tenancy is ended, it rolls on.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #22
                I assume all the lads are adults over 18 yo?
                I suggest your son introduces himself and posts on this thread (new screen name) now he has found rel documentation on his mobile and knows what other joint tenants did.

                1. 12 month fixed term Tenancy which occupants can vacate, without Notice, on last day of fixed term. It will continue as SPT for all, if only one is deemed to remain, poss by none return all keys issued/signed for.
                Maybe LA emails are just reminders of what perceived rent arrears may be claimed from deposit, rather than demands for payment.
                2. Someone needs to visit property to see if LL has taken repossession and installed new Tenants with signed AST, and from what date? Thus ending previous AST.
                3. With your son's T, any missing keys could mean LL changed all locks/have replacement keys cut, all claimable from joint deposit. Once LL changed entry door locks after end of fixed term, if no Ts in occupation, it can be argued no further rent is due for son's AST.
                4. IMO the onus is on your son/flatmates to provide such evidence to Court/ADR when defending proposed deposit deductiions.

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                  #23
                  Originally posted by jpkeates View Post
                  Unless the tenancy is ended, it rolls on.
                  The evidence would appear to suggest that this was a fixed term tenancy of 12 months ending on 15 June this year and that the Ts did end the tenancy by vacating. I am assuming that they vacated by that date, even if keys were not returned immediately. (If they did not vacate by 15.6, then I agree, tenancy became statutory periodic and rent is due for July and subsequent months until notice is served and expires).

                  Plus, OP tells us:

                  The tenancy was terminated 2 months in advance by email by one of the boys. It was always supposed to be a years tenancy, but did have the option to extend their tenancy at an extra £35 pw. (the property had been sold during their let)
                  It does sound very much like a student or young professional tenancy and I don't think it sounds as though any of them stayed on past the date in the contract. Perhaps OP can clarify.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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