Tenancy checkout...unsigned inventory

sarah_p_4

Hi guys,

We're just about to move out of our rental property, and are just looking for a bit of adviec on where we stand.

When we moved in, there was an inventory left in the kitchen drawer. We didnt really think about it and never checked or signed it. Looking now, a couple of things are incorrect. It shows the house still half refurbed, whereas it was complete when we moved in. It doesnt however mention some damages to walls i assume were caused when the LL moved his furniture out? We were not present at the time of the check.

Also, our contract expired in September 2010. We were sent a new one to sign but as he had the house for sale, i never bothered as i didnt want to pay the admin fee only to get kicked out a month down the line!

We have been told we need to be present for a checkout appointment (which we have to pay £88 for!!) and i'm wondering where we stand if they notice any damages, including the walls which were damaged before we arrived.

Where do we stand if they notice anything?

We've also received a letter saying we need to provide receipts for professional cleaning on checkout. The house was still covered in decorating materials, paint splatters & dust when we moved in. Surely this is unfair??

Also, a word of advice...steer well clear of Your Move, particularly the Northampton branch. We've had nothing but problems with them. To sum them up in a word...USELESS!!!

Thanks

G_M

Were you told of the £88 fee up front? If not, refuse to pay.

If you didn't sign the inventory it has little value. The LL cannot prove what condition the property was in at the start, so cannot prove that any damage that exists now was caused by you.

You cannot be made to use professional cleaners. What matters is whether the property is as clean at the end as it was at the start. The choice of whether to DIY the cleaning or pay someone is up to you. However, as the inventory was not signed, the LL cannot prove how clean (or otherwise) the property was at the start. To minimise th risk of argument however, I advise you to do a thorough clean.

If you didn't renew the tenancy, it became periodic (monthly). [I'm assuming you are in England?]. Who gave who notice, when and how much notice?

Scho

Take photos, lots and lots of photos. Then print out slides of them on a few pages, sign and date them with a witness. This at least will give you some kind of evidence to fall back on if there are any problems and should at least renew your memory after the move out. Take photos of walls, marks, inside and outside cupboards, the oven, hob, down the loo, tiling in bathroom etc etc anything and everything.
As G_M said; nothing needs to be professionally cleaned. Clean the place to a good standard and as long as it's better than you moved in they have no qualms. Of course if they're willing to charge you £88 for a checkout inspection and want professional cleaning receipts they sound like they'll be very awkward.

How much were the fees when you moved in and do you still have the invoice? It may state that this was included in that and not needed to be charged an extortionate amount again.

N.B. Credit to ArtfulDodger as he and another user on here gave me the same advice recently and I'm passing it on.

tbs624

sarah_p wrote: »

When we moved in, there was an inventory left in the kitchen drawer. We didnt really think about it and never checked or signed it. Looking now, a couple of things are incorrect. It shows the house still half refurbed, whereas it was complete when we moved in. It doesnt however mention some damages to walls i assume were caused when the LL moved his furniture out? We were not present at the time of the check.

The lack of a signed inventory will weaken the LLs case but for all Ts, if you move into a property always take pictures and note damage etc on that inventory before returning it - it can save you so much hassle further down the line.

sarah_p wrote: »

Also, our contract expired in September 2010. We were sent a new one to sign but as he had the house for sale, i never bothered as i didnt want to pay the admin fee only to get kicked out a month down the line!

You still have a valid tenancy, with all the terms of th eoriginal Fixed Term contract applying except for those on "determination", ie how either party can end the contract - two months required from the LL, one from you as the T, to tie in with the rental period. ( Rental period runs on from day after the expiry of the Fixed Term which may or may not be the same as a rent due date) This is called a Statutory Periodic Tenancy and arises under law automatically when a T does not vacate and a LL has not sought repossession.

sarah_p wrote: »

We have been told we need to be present for a checkout appointment (which we have to pay £88 for!!) and i'm wondering where we stand if they notice any damages, including the walls which were damaged before we arrived.

You do *not* have to pay this fee if it is not specifically , mentioned in your initial tenancy paperwork.

sarah_p wrote: »

We've also received a letter saying we need to provide receipts for professional cleaning on checkout. The house was still covered in decorating materials, paint splatters & dust when we moved in. Surely this is unfair??

You can only be asked to clean "to a professional standard" and then only if the property was provided to you in that condition at the start of your tenancy. The Office of Fair Trading have described such terms as potentially unfair contract terms.

Jebrelli

I moved out of a rental yesterday and had similar problems with requests for professional cleaning receipts. Apparently it was included in the contract, but I haven't been able to find that.

theartfullodger

Jebrelli wrote: »

I moved out of a rental yesterday and had similar problems with requests for professional cleaning receipts. Apparently it was included in the contract, but I haven't been able to find that.

Doesn't matter if professional cleaning is in the contract - unless LL/agent can prove it needed it there's no need & it's "unfair" (see
http://www.oft.gov.uk/OFTwork/publications/publication-categories/guidance/unfair-terms-consumer/oft356

)

page 48, clause 4.4 ...

cleaning charges - a requirement to pay for cleaning at the end of the
tenancy may be unfair if it is vague or unclear about the basis on which
money will be demanded, or the extent of the cleaning involved. Such a
term is more likely to be fair if the amount of the charge is expressly
limited to reasonable compensation for a failure to take care of the
property (see also our views below on excessive charges)

(Discuss with agent the case of the obsessive cleaning-panic tenant who dusts, hoovers & cleans every morning & evening, never spills anything, has no pets, always takes shoes off at door, has no visitors...hands place back in an even better state than it was at start of tenancy - it wouldn't be justified for that tenant, can they justify for you??)

Cheers!

Artful (Landlord since 2000)

Jebrelli

Thanks Artful, could be worth a try (currently waiting for the outcome of the 'professional cleaning' debate!).

Jebrelli

Sorry to hijack this thread, but rather than start a new one I wanted to check back with the cleaning issue - I've just received a bill for £80 from the LA for a company cleaning the floor of one room (the only carpeted room) in my old flat.

I was in the flat for two years and cleaned it regularly. When I moved out it was still very clean, with one or two light marks on the carpet (normal I would have thought for that length of time).

By law am I required to pay this bill?

BitterAndTwisted

One or two "light marks" on the carpet which were not there at the start of your tenancy sounds like dirt. Dirt which you should have arranged to have been cleaned off. Unless these "light marks" are wear to the pile of the carpet, then they're not dirt. Did you shampoo the carpet before leaving the property or just vacuum it?

tbs624

Jebrelli wrote: »

Sorry to hijack this thread, but rather than start a new one I wanted to check back with the cleaning issue - I've just received a bill for £80 from the LA for a company cleaning the floor of one room (the only carpeted room) in my old flat.

I was in the flat for two years and cleaned it regularly. When I moved out it was still very clean, with one or two light marks on the carpet (normal I would have thought for that length of time).

By law am I required to pay this bill?

You are obliged to return the property and its F&F in the same condition as when let, save for "fair wear and tear". If by "light marks" on the carpet you mean stains, then these are not FW&T - they are soiling. FW&T covers what would naturally happen in the course of time, so fading from strong sunshine, indentation from normal furniture use and some flattening of pile, for example.

What did the inventory say about the state of the carpet at the start of your tenancy? Did you sign the inventory?

Hindsight and all that but your best bet on these issues is to invite the LL round 10 days before moving out date and ask him to go through anything of concern so that you time to deal with it before you go. It's always more expensive if a LL has to get someone in to sort the problem than if you do it yourself.

Jebrelli

The marks are bed-shaped, and look very much like the carpet has faded near the windows where it was exposed. I didn't shampoo - I didn't think it would help.