Estate agent and Inventory Check List

rentinginlondon

Hi all

I am due to move out of my studio next week, I phoned the estate agent to organise a time to do the inventory check but they told me that they do it themselves without me there.

I am not happy with that as do not trust them! but they said that's the way they do it and it's final!

Can I enforce my right to be there. I have a feeling they may not have put my deposite into a deposite scheme - not sure if I should rock the boat now and ask or wait until they do the inventory check and take it further. I am working part-time and studing part-time and can not afford to lose any of my money (it's £700).

The flat will be left in better condition then when I found it so hopefully it will be okay. But i still do not trust them!

Thanks!
Linda

Jowo_2

You can check with each of the 3 schemes to see if the deposit has bwen lodged in a tenancy deposit scheme, though you should have had written confirmation within a few weeks of paying the deposit to confirm where it is held.

There is no obligation by a landlord/agent for the tenant to be present during check-out.

Do you have a signed copy of the original inventory at the outset of the tenancy?

Wee_Willy_Harris

rentinginlondon wrote: »

Hi all

I am due to move out of my studio next week, I phoned the estate agent to organise a time to do the inventory check but they told me that they do it themselves without me there.

I am not happy with that as do not trust them! but they said that's the way they do it and it's final!

Can I enforce my right to be there. I have a feeling they may not have put my deposite into a deposite scheme - not sure if I should rock the boat now and ask or wait until they do the inventory check and take it further. I am working part-time and studing part-time and can not afford to lose any of my money (it's £700).

The flat will be left in better condition then when I found it so hopefully it will be okay. But i still do not trust them!

Thanks!
Linda

By not requiring you to be there, they are taking as much of a risk as you are. If possible, get this refusal (and your wish to attend) in writing. In the meantime, take photos... loads and loads of photos, showing every inch of the property, inside cupboards, the carpets, exterior shots, light fittings, everything.

As for the deposit? Up to you. Write to them asking for details of where it has been protected. If they haven't yet done so, it may give them the opportunity to put this right. I think they would struggle after the tenancy has ended, but were that to happen, you can go to court for the 2 x deposit. Only you know if this would be too much of a chew.

clutton_2

whether your deposit should be in a Scheme depends on when you last signed a TEnancy Agreement

re deductions..... more importantly do you have an inventory signed by both you and the agent on check-in ?

rentinginlondon

THanks all for responding.

Thanks very annoying I can not be present but if that's the case there is nothing I can do!

I have a signed inventory but only by myself the landlord or estate agent did not sign it. Does this make a difference?

I plan on taking lots of photos!!

clutton_2

re deposit - when did you first move in and when did you sign your last AST ?

rentinginlondon

clutton wrote: »

re deposit - when did you first move in and when did you sign your last AST ?

Moved in on the 8th August and signed my lease 7th August as well (as well as the inventory list)

clutton_2

so your deposit should legally be in one of the 3 schemes.. check them out first and see if it is protected - then come back and tell us....

rentinginlondon

Will do! thanks

rentinginlondon

I arrived home too late today to call the deposit people, the lines open tomorrow morning at 8.30 so will call them then.

Just a question: I spoke to someone regarding this, who use to work in an estate agent (and she knows my estate agent who is holding my deposit), she gave me some suggestions but said that this estate agent will most likely keep my deposit, her suggestion is not to pay my rent which I was going to pay tomorrow (£320).

Reflecting back, I made a big mistake with the inventory checklist, they gave me a copy to sign in the office (i know silly of me to sign without viewing the status of the place). It stated on the inventory list I had four days to add any additional notes to it otherwise the original list stands. The person I spoke to said some estate agents do this and never file the amended list so the orignal stands. The estate agent did not sign the inventory at all.

I am about to pay into the landlord's account rent money for 14 days (£320) - she has suggested I hold off paying this until I move out (which is next week) and ask them to deduct the money from the deposit (if it is given to me!) as it will be arrears in rent. I think legally you can not do this as rent and deposit are two different things.

Now, I am a very honest person and I do not feel comfortable doing that, however on the other hand I work part-time and study part-time and the deposit is £700 - which is a lot of money to me.

Now, i have a feeling I will not get the deposit back, especially since I discussed with the landlord and estate agent when I gave notice about the estate agent entering the property without my permission - this escalated as they thought they could just walk in any time. Before it went any further (changing locks and sending recorded letters stating my rights) they managed to rent the property.

I most likely will pay the rent into the landlord's account (that's the type of person I am and legally I have a responsibility to do that).

Just checking other thoughts on this matter, it would be interesting to see what you think....i have a feeling it will be pay the rent - which i most likely will....

It may also depend on if the deposit is protected.

Wee_Willy_Harris

rentinginlondon wrote: »

I arrived home too late today to call the deposit people, the lines open tomorrow morning at 8.30 so will call them then.

Just a question: I spoke to someone regarding this, who use to work in an estate agent (and she knows my estate agent who is holding my deposit), she gave me some suggestions but said that this estate agent will most likely keep my deposit, her suggestion is not to pay my rent which I was going to pay tomorrow (£320).

Reflecting back, I made a big mistake with the inventory checklist, they gave me a copy to sign in the office (i know silly of me to sign without viewing the status of the place). It stated on the inventory list I had four days to add any additional notes to it otherwise the original list stands. The person I spoke to said some estate agents do this and never file the amended list so the orignal stands. The estate agent did not sign the inventory at all.

I am about to pay into the landlord's account rent money for 14 days (£320) - she has suggested I hold off paying this until I move out (which is next week) and ask them to deduct the money from the deposit (if it is given to me!) as it will be arrears in rent. I think legally you can not do this as rent and deposit are two different things.

Now, I am a very honest person and I do not feel comfortable doing that, however on the other hand I work part-time and study part-time and the deposit is £700 - which is a lot of money to me.

Now, i have a feeling I will not get the deposit back, especially since I discussed with the landlord and estate agent when I gave notice about the estate agent entering the property without my permission - this escalated as they thought they could just walk in any time. Before it went any further (changing locks and sending recorded letters stating my rights) they managed to rent the property.

I most likely will pay the rent into the landlord's account (that's the type of person I am and legally I have a responsibility to do that).

Just checking other thoughts on this matter, it would be interesting to see what you think....i have a feeling it will be pay the rent - which i most likely will....

It may also depend on if the deposit is protected.

I think that's a decision for you to make based on what you are comfortable with. If you don't pay the rent, all the LA can do is serve notice, but you will be gone before it expires which leaves them to take it from the bond (if they kept it) or file a dispute (if it's protected). From personal experience, and in the good old days before TDP, I always witheld the last months rent in leu of the bond with a letter to the LL to advise. Never lost a bond once...lol. I'm not saying it's a good idea, just telling you what I did.

The other way, of course, is to pay the rent and keep your fingers crossed for the bond, but I'd insist on knowing where the bond is protected before you give them the rent. If they can show that it has been protected, you should be OK. If they can't, take them to court after the tenancy ends.