No Inventory/statement of condition - renting.

Hopejack

We are renting a property and it's done directly with the LL (who lives away). He has put our deposit into the 'tenancy deposit scheme' thingy so that is OK, BUT, they never provided us with a statement of condition or inventory at the beginning of the let - we've been in almost 2 years. They've also never done an inspection check on the property!

Should we be worried about this? There is a possibility we'll be looking to move out Spring next year....

I'm a LL myself but pretty much let my agent handle all this - I know my tenants receive a pre move in inspection and statement of condition etc to check off against when moving out....

ETA - I believe that an inventory can be done but never shown to the tenant? I suppose this could be the case with us. An EA found us i.e. our LL used a 'tenant finding' service but although we have a contract, I have never seen an inventory. Could it be that the EA did an inventory and we were never given a copy? As a result, how does it stand up legally as we never agreed to the condition upon move in?

Fire_Fox

The landlord will need a signed inventory to withhold your deposit, otherwise they could write one the day before you move out and backdate it! Read around the board as similar questions are asked every week.

Jowo_2

A lack of signed inventory/schedule of condition tends to favour the tenants because in the event of a dispute through TDS or small claims court, the landlord is unable to prove the condition of the property at the outset of the tenancy and thus hold the tenant responsible for any changes.

I'm aware that some ASTs apparently say that a failure to return the signed inventory within a couple of weeks indicates acceptance on the part of the tenants that it is accurate. Not sure if this clause is enforceable or not.

Hopejack

Thanks for the replies. I have actually been in touch with the EA who set up the tenancy and they say that they did not take an inventory as it was a 'tenant finding' service only. She did say that is not to say that the LL didn't do his own but as they haven't inspected since we moved in, she and I, doubt it! If they have done one, then we have no knowledge of it and I would therefore be inclined to almost ignore it with a pinch of commonsense thrown in as well. EA agreed that if an inventory was drawn up, a copy should have been given to the tenant to sign in agreement otherwise it's v hard to hold up in court.