Leaving rented property - no inventory

Snibble

Hi,

My tenancy at a property ended on Saturday, but despit many phone calls to the agent to get someone to come around and do a check to get our deposit back no one came (although they said they will pass our details on to someone who does a check, is this normal?).

It was my 1st rented property, and there was no inventory supplied with it. At the time i did not know we needed one, my mistake i know! What does this mean for us in terms of getting our deposit back? We took pictures of the flat when we moved in.

Also, now that our tenancy is up, can they ask to do a check anyway? I'm really confused. This agency have been full of problems all along, and unluckily our new one is no better!!

Thanks everyone!

Pepzofio

Hmmm... Well on the plus side, the onus will be on the LL/LA to prove any damage was caused by you, and not already there when you moved in.

Did you take photos/record the condition of the place when you moved in/out?

Out of interest, when did the tenancy commence? Do you know if the deposit was held in a tenancy deposit scheme?

Snibble

It started in July 07, i'm not sure if it was held in a deposit scheme though...i don't recall being given any information on that. When was the start date for tenancy deposit?

We haven't taken photos yet, but we will go back to the flat tonight to do so i think. What happens if another tenant moves in before they have done checks?

Pepzofio

I think it was April 07 - if the deposit has not been held in accordance with the tenancy deposit scheme I think you can get 3x the value of the deposit - search the forums for more info on this.

How are you going to get back in to take photos if the tenancy ended on Saturday? Haven't you given the keys back?

Snibble

No, they told us to keep the keys until they had done the inspection...

anotherpaul_2

Pepzofio wrote: »

I think it was April 07

It was. We had to wait an age for the contact to be drawn up on a tenancy starting on the 30th April 2007.

paintpot

Snibble wrote: »

No, they told us to keep the keys until they had done the inspection...

Snibble

Your tenancy deposit should have been protected in one of the three schemes and you should have been provided with information of this.

You can check yourself by a simple phone call to each of the 3 schemes.

See this link:

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

If your deposit hasn't been protected them you may have a claim for 3x deposit. Regardless, the landlord/agent is going to have an uphill struggle making any deductions stick. The landlord will have to prove that any damage (beyond fair wear and tear) has been caused by you/your fellow tenants and without an inventory that's unlikely.

When exactly did your tenancy end. I ask because I am concerned that you are holding onto the keys. If you still have the keys beyond the date you were due to vacate either by your notice or expiry of the fixed term they may try and charge you rent for overstaying but your OP doesn't provide any dates.

I would ensure that every dealing you have with your agent is in writing or at least any verbal conversation is backed up in writing. If your move date was required to be saturday I'd get it in writing to the agent that you have been told to hold onto the keys and for them to confirm back in writing what they want you to do with them. Don't just post them through the letterbox. If necessary go to the agency and hand deliver them and get a receipt off someone.

The fact you moved out on Saturday is not an overly long time to be waiting for a check out TBH. Alot of Letting Agents don't even open on a saturday!