No inventory - rights?

danrees

Just a quick question that I have been wondering about for a while.

If a landlord does not complete an inventory or inspect the flat when a tenant moves in, will this work in the landlord's or tenant's favour in court if there was a dispute over the deposit?

BobProperty

danrees wrote:

Just a quick question that I have been wondering about for a while.

If a landlord does not complete an inventory or inspect the flat when a tenant moves in, will this work in the landlord's or tenant's favour in court if there was a dispute over the deposit?

Tenant - Landlord can not prove condition prior to tenancy, so how can they prove any damage has occurred?

clutton_2

i keep on agreeing with Bob !!

musey

And I keep on agreeing with you lol

clutton_2

i have been posting for a while about "notice " periods, being one month for tenant and two months for landlords - but having looked on Shelters site just now, i am not sure if i have it right or not - i think i will have to call NLA on Monday to check this out. As I have never had to evict a tenant (altho threats have been made !!) i have never had to go thru a dispute. Any comments ?

Xbigman

The problems start if the landlord produces an inventory that only he did and keeps your deposit. He's now got your money and you have to get it back.
Regards



X

clutton_2

i would have thought that without the tenants signature on an inventory that it would have no legal standing in court as it cannot be part of the contract unless both signatures are on it.

Sutty

We rent a house through an estate agent and have only just moved in. Our inventory can only be described as a shambles. After a large dispute over the condition of the house when we moved in it turns out the previous tenants wrote the inventory and the estate agents never checked it against anything.
In this instance it's worked out well for us as they reported the oil tank as empty when it's actually almost 1/4 full. That's almost £100 worth of oil for free.
In your instance I would suggest you do your own inventory complete with photographs of any damage just to cover your back. I'd do this and ask the landlord to come round and sign it in agreement (subject to inspection). In the long run this is the safe option as if you have something on paper signed by both parties then there can't be much dispute. Do you rent privately or through an agent?

musey

Apologies for the long post, just some links that I feel support my comments regarding giving notice to end a periodic tenancy. Certainly all the reading I have done suggests to me a clause stating 2 months notice muct be given by a tenant would be deemed an unfair clause as it takes away the tenants right to give 1 month's notice.

http://england.shelter.org.uk/advice/advice-271.cfm

How your tenancy can be ended
Your tenancy cannot simply run out. It will continue until it is ended by you or your landlord. This can happen by:

you and your landlord agreeing to end the tenancy (known as surrender)
you serving a valid notice
your landlord taking action to evict you (see below)
It is possible for a tenancy to be surrendered at any time. Get your landlord's agreement in writing if possible to avoid problems later.

If you have a periodic tenancy, you have to give one month's notice in writing (or longer if you pay your rent less often). The notice should end on the day that your rent is due. Once the notice ends your tenancy ends and you no longer have any right to live in your home.

If you have a fixed term tenancy you will only be able to give notice during the fixed term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It is possible to leave on the day your tenancy ends without giving any notice, but it is best to do so if you can, especially if you have paid a deposit and need it back.

http://www.lettings-landlords.co.uk/info/tenancy_agree.html

Housing Act 1996:

This Act virtually made the Assured Tenancy extinct. The Act relaxed the minimum period of tenancy for the tenant and so now any tenancy agreement can be An Assured Shorthold Agreement (as long as it abides by the other laws). The Assured Tenancy is very unattractive to the majority of Landlords and should they wish for An Assured Tenancy to be in place, they must notify the tenant in writing prior to the tenancy commencing that this is the case.

Assured Shorthold Tenancies:

A vastly better type of tenancy than the Assured Tenancy, but be warned that this is still a type of Assured Tenancy. Note that for an Assured Shorthold Tenancy these points are vital:

1. The tenant must be an individual or group of individuals for whom at least one the property is their principal address.

2. The tenancy commenced after January 15th 1989

3. The Landlord can not terminate the tenancy unless he has given two months written notice in the form of Section 21 of the Housing Act 1988.

If the tenancy becomes periodic i.e. the fixed term has run out, then the tenancy continues until the tenant gives one months notice or the landlord gives 2 months notice. Such notice should coincide with the rent date.

Possession of the property is guaranteed to the tenant for a minimum period of six months. Possession will not be given to the landlord unless the tenant has been in situ for a minimum of 6 months. Be warned then that if you allow a friend to stay in a property for a temporary period of 2 months and that friend suddenly decides they want to stay - they can for a minimum period of 6 months. The periodic tenancy can continue for eternity - there is no time limit. The rent can be raised by issuing a section 13 notice on the tenant - a legal form that must be used in the proper manner and format as prescribed by legal stationers. Plus also remember that the rent can not exceed £25,000 per annum.

http://www.simplyrent.co.uk/tntfaq.htm/#Q6

6 How can I end my tenancy and leave?
If your tenancy is an Assured or Assured Shorthold Tenancy you cannot end it until the end of any fixed term which is specified in the Tenancy Agreement, unless the Landlord agrees.
On the last day of the fixed term (if any) you can leave the property, whether or not you have told the Landlord you intend to do so. However, you should give the Landlord as much notice as possible as a courtesy, and in order to avoid any bad feelings. Once the fixed term (if any) has ended the tenancy will become a periodic tenancy if you remain in the property and the Landlord does not agree a brand new tenancy with you. In this case you can end the tenancy by giving the Landlord one month's notice in writing (if the rent is paid monthly) or 4 weeks notice (if the rent is paid weekly). If your tenancy is a Company Let you cannot end it early unless the Landlord agrees. If your tenancy is a Protected or Regulated tenancy the method by which you can end it will be specified in the lease.