Moving out of rented house, no signed contracts *Urgent help needed*

hanster

sooz wrote: »

You still online?

I thought you were moving today

They should tell you about any possible deductions first, & send you quotes. However, we've already established that they are not the country's most efficient agency.........

Finally finished tidying up and have moved out, we have the house until the 6th though, I think my house mate is going to go through the check out with them and then hand over the keys ( was recommended this when I rang the shelter helpline,, as opposed to posting them back through the letter box in case someone broke in and messed up the place or something like that).

Before that he is going to take loads of photos to show how we left the house.

Is there anything I should tell him to say/ not say to the LA as he goes through the check out?

Also since we haven't signed the contract that said we needed to clean the carpets, what should he say when they ask about the carpets being steam cleaned?

Cheers for all the help sooz, you've been ace :beer:

paintpot

You do need to check that the inventory doesn't state something along the lines of "if the inventory is not signed and returned within 7 days of the start date of the tenancy and no amendments are made the tenant is deemed to have accepted the inventory" etc blah blah

If it doesn't say that, and you haven't signed it, then you could quite easily say "what inventory? never seen an inventory" and it would be the agent who would have to prove that you have and that you agreed to it.

If they have issues in regard to how you have left the property then the burden of proof is on them to show that you have left the property in a condition that is different to when you moved in and beyond fair wear and tear. Without an inventory or should I say proof that an inventory was supplied/agreed, that is virtually impossible. Plus, you have the added "bartering tool" that as they don't appear to have protected the deposit, you could bring proceedings for 3 x deposit.

Personally, if the agent kick up a fuss about the condition of the place, I wouldn't mention the deposit issue or lack of inventory. Tell them that you expect any correspondence regarding deposit deductions to be in writing, ask them for a copy of the check out report, wait until the tenancy end date has come and gone ie 6th Sept? then if they state that they intend to make deductions hit them with the lack of signed inventory, failure to protect the deposit etc and that you want your deposit back in full within 7 days or you will commence legal proceeding for 3 x your deposit plus return of your original deposit. Do check though with the schemes that it isn't actually in there though if you haven't already done so although it is still an offence for them not to have sent you the prescribed information relating to the scheme. Your course of action will depend on whether you just want your full deposit back.

You have done the right thing by not posting the keys through the letter box. I would always advise anyone to get it in writing that the LA/LL deems this method acceptable before doing so for the reasons you have stated.

Ensure you take meter readings as well, agree them with the agent and settle up your bills if this is applicable, council tax as well. If you have moved out now, and your tenancy is still continuing then the council tax should be payable by you until the tenancy ends. You need to agree what happens with the utilities but if everything is turned off then I would allow the tenants responsibility to end if they are surrendering the keys and any useage from then on by the LA/LL should be there responsibility but clarify their point of view on this.

HTH

hanster

paintpot wrote: »

You do need to check that the inventory doesn't state something along the lines of "if the inventory is not signed and returned within 7 days of the start date of the tenancy and no amendments are made the tenant is deemed to have accepted the inventory" etc blah blah
The inventory only had the items and conditions already printed, didn't have any place to sign.

If it doesn't say that, and you haven't signed it, then you could quite easily say "what inventory? never seen an inventory" and it would be the agent who would have to prove that you have and that you agreed to it.

If they have issues in regard to how you have left the property then the burden of proof is on them to show that you have left the property in a condition that is different to when you moved in and beyond fair wear and tear. Without an inventory or should I say proof that an inventory was supplied/agreed, that is virtually impossible. Plus, you have the added "bartering tool" that as they don't appear to have protected the deposit, you could bring proceedings for 3 x deposit.
Am I still able to go for the 3 x deposit even after I finish my tenancy? When I spoke to someone from the shelter helpline they said I could only go for that if I was still in the tenancy agreement.

Personally, if the agent kick up a fuss about the condition of the place, I wouldn't mention the deposit issue or lack of inventory. Tell them that you expect any correspondence regarding deposit deductions to be in writing, ask them for a copy of the check out report, wait until the tenancy end date has come and gone ie 6th Sept? then if they state that they intend to make deductions hit them with the lack of signed inventory, failure to protect the deposit etc and that you want your deposit back in full within 7 days or you will commence legal proceeding for 3 x your deposit plus return of your original deposit. Do check though with the schemes that it isn't actually in there though if you haven't already done so although it is still an offence for them not to have sent you the prescribed information relating to the scheme. Your course of action will depend on whether you just want your full deposit back.
How would I check if the deposit is in any scheme without actually asking the LA and giving away my back up card?

You have done the right thing by not posting the keys through the letter box. I would always advise anyone to get it in writing that the LA/LL deems this method acceptable before doing so for the reasons you have stated.

Ensure you take meter readings as well, agree them with the agent and settle up your bills if this is applicable, council tax as well. If you have moved out now, and your tenancy is still continuing then the council tax should be payable by you until the tenancy ends. You need to agree what happens with the utilities but if everything is turned off then I would allow the tenants responsibility to end if they are surrendering the keys and any useage from then on by the LA/LL should be there responsibility but clarify their point of view on this.
Not paying council tax as we were all on a placement year and still classed as students. So we need to agree with the LA about us closing the utilities accounts?

HTH

Thanks for detailed reply!

paintpot

In which case, without a signed inventory they are on very tricky ground as previously stated. I would ensure that all communication re the return of the deposit is conducted in writing.

Personally, I wasn't aware that a claim could not be brought for 3 x deposit if the tenancy has ended and it would wrong of me to argue otherwise and against the advice given by Shelter but I am sure others will know and post back.

However you can check whether the deposit has been lodged by contacting the scheme providers. The following link gives details of the schemes, give them a call and they will be able to tell you.

Yes, agree with the agent the meters readings on the utility accounts, they should contact the providers but you should ensure you do also and obtain the final bills and pay them!


http://www.direct.gov.uk/en/TenancyDeposit/index.htm

lynzpower

also take photos of the meters before you leave- with the newspaper next to it, its a good idea.

hanster

lynzpower wrote: »

also take photos of the meters before you leave- with the newspaper next to it, its a good idea.

Thanks, will do (my house mate will anyway!).

Thanks again to everyone who has helped, I will give you all an update as things progress so anyone else who happens to get into the same position has some helpful information.