Our rights over final inspection of rented property

Doooford

Good afternoon all!

We moved out of a property on Saturday and had an inspection with our agency, which went very well and they commented on how immaculate the property was, and in much better condition than the inventory stated when we moved in. The agent said that he'd phone the office and get them to post out the deposit cheuque straight away, barring any complications.
**We really need this deposit back ASAP** :eek:
On tuesday, when I questioned when the cheque had been sent, they told us that the landlord had instructed that he wanted to carry out an inspection before the deposit was returned.
Now, where do we stand in this in terms of getting the cheque back? We have a copy of a sighned and completed inventory check, what can the landlord gain from doing another check? If all he has to go on is the inventory, then it is watertight and everything is fine. The odd thing is, he's had 5 years of tennants there before he was last at the property (we were only there for 9 months). So to me, it seems like this is more a check for accepting the property back from the agency.
Also, if there is another inspection going on (that would seem to negate the initial check out), do we have a right/obligation to be there? As if we do, we'd really like to go along just so that he can explain why he is being so damn bloody awkward :mad:
Any advice will be so appreciated!

pinkshoes

It can often be 14 days before you get the deposit back, so be patient.

If the LL does flag anything up, you already have the signed inventory, so would win any dispute (meaning the LL would have to claim from the LA for being negligent I guess).

Just sit tight for a bit and see what the LL says.

Doooford

Thanks pinkshoes. So the landlord inspecting is actually futile, and a completely independant issue to us getting our deposit back? is that what you are saying?
Also, does anybody know what our rights are with regards to being there for this inspection? I mean the agency are implying that this inspection is to do with our deposit, as the landlord won't give them authority to release it until he has inspected the house? So to that end, if this inspection is affecting our deposit return, surely we should be there?

Thanks you all in advance....

roger196

I would write( having rung them as well) to the agents saying you wish to be present at the LL's inspection. Point out that he would weaken his case if this was refused and the matter went to the small claims court( as the opportunity to resolve issues at an early stage was declined). Point out that you are not responsible for any damage that has occured to the property since you left eg brick thru window, that he would have to prove that any damage occured during your occupancy. Remember that you are NOT liable for normal wear and tear.

Agbe

I have been in exactly the same situation. Landlady was away for years, previous tenants, she wasn't around for the check-in and inventory, etc etc. The property was managed, and the EA had to do inspections every 3 months. He consistently commented on how beautifully I was keeping the place. Landlady came back from travels, and even though I did the check-out with the EA, she wanted to do her own. She seemed to be expecting the place to be in the same state as it was before she went away. The EA explicitly told her that I had kept the place more beautifully than any tenant he has ever dealt with, but she was annoyed by the fact that one of her laminate floorboards had shrunk. This was totally beyond my control, but she threatened to withold a part of the deposit, anyway.

The EA (and I was amazed by this, given that the LL paid his wages, and he was officially working for her), called me to say that if she did so he would support my claims 100% and even turn up on the day to have his say, if necessary.

It never got to that - she backed down. If you are on good terms with your EAs, then it might be worth ringing them with your concerns. (Although, admittedly, in 16 years of renting this is the first EA I have come across who is that great. And now I am moving again, I am going straight back to them, and recommending everyone I know to them.)

The point is that if your LL has had five years' of tenants going through, then he simply can't (legally) be expecting back a property in a state that doesn't reflect that in terms of fair wear and tear for five years. And if he himself didn't check the state of the property just before you moved in, then you absolutely must question why his opinion is allowed any weight.

silvercar

Your deposit should be protected oin one of the government deposit schemes. So fi the landlord wanted to retain any of it against your wishes, he would need to go through the tenancy deposit arbitration service run by the scheme.

Doooford

All great advice thanks, still one other thing. We have informed the letting agents that we wish to be present, and they have asked him if he would mind.
I can't work out though, if we needed to be there for the initial inspection, then surely I need to be there for this one. I mean it's all about liability of damage at the end of the day, and to be fair, I wouldn't trust the LA's, nor the landlord, to be in there without me. In the same way that he got annoyed that he wasn't there for the initial inspection.
I just thought, that really everyone had a right to be there, and actually, if somebody wasn't there, the other parties would need written permission from the other party to carry out the inspection without them.
Many thanks

silvercar

Well whether you were there or not, he could make his opinion on the state of the place and ignore anything you might say.

Technically the tenancy has ended so you have no right to be there without the landlords permission.

Really your presence is only necessary if he wants to have a discussion about an issue and I suppose he could do that over the phone. Being you are going to dispute any deduction you don't need to see anything do you?

adj_2

Hi, we were in a similar situation a few years back - EA inspected and was pleased with state of property and then LL wanted their own inspection. Unfortunately the LL then refused to return deposit, stating various issues (all wear and tear).
Admittedly, this was before recent deposit protection schemes, so things may be different now, but we had to pursue this through the Small Claims court. LL was adamant that he was unhappy with state of property, even though EA described it as immaculate. We eventually got our money back thankfully, but after a long and stressful process.
Your LL may just be inspecting for other reasons, and may not be as unscrupulous as our was, but be prepared.
My advice - demand to be present at the inspection - it's your only way of hearing their issues and a chance to fight your corner. If they don't want you there, they've got something to hide surely? Also take a camera if poss - any issues they raise, take photos of everything if any dispute arises. If you can, take along a witness with you as well.

Doooford

He's agreed to let us be there, the LA's are being pretty good and have explained to him that this process is unnecessary with regards to the cheque as the dispute will fall flat on it's face due to being backed up by a valid cleared inventory. So we await Tuesday's meeting...

Paragon

pinkshoes wrote: »

It can often be 14 days before you get the deposit

14 days?!! I had to wait 7 weeks, and having been told it was in all fine, they didn;t bother to tell me they had deducted £117.50 for some extra dusting... cowboys my estate agent...