Letting agent say I can't be present for final inspection......

Taxus2010

Hi all

My tenancy is due to end this week and I've just been in touch with my letting agent to arange handing the keys back and to sort out a time for the final inspection.

I was told that the keys had to be handed in by Thursday, the day my tenancy ends, but that the inspection would be done a few days after that and that I couldn't be present.

Is this right, can they do the final inspection without me?

I had to do the inspection when I moved in, went through the house with the agent noting down any problems etc and had to sign for the property. Now I'm leaving I'd expect to do the same.

Is there anything I can do?

Just to add, I haven't been pleased with the letting agent or landlord and actually have an on going legal case against them. So I wouldn't be happy for them to just do it.

poppysarah

Video it all.
(beg or borrow a camera and do a walk round)

You can ask them to do the inspection when you hand the keys back - make sure they know you have evidence of the state you've left it in.

(And what would happen if it was broken into inbetween you leaving and them going? I'd want them to see it when you give the keys back - but not sure how you get them there)

BornAtTheRightTime

I would write to them stating that their refusals to allow you to have a timely inspection at the end of your tenancy and to allow you to attend the inspection, plus their demand that keys be handed in prior, means that you will conduct your own inspection in which you will take photographs/videos etc, details of which you will forward to them in a reasonable timeframe. Also stating that you consider any inspection conducted AFTER the end of your exclusive access to the property to have no standing in law.
In the letter I would also offer them a couple of suitable times on they day you must hand in your keys, to attend the inspection with you. You can therefore prove to any deposit scheme's satisfaction that you have been reasonable in every way. Your deposit IS in a scheme, isn't it?

When writing, it is better to send 2 copies from different post offices getting proof of posting (free) from each, rather than recorded which can be refused.

jonjamie1970

I would delay handing the keys back until the day they can do the inspection, witnessed photos etc are also goign to be needed.

BornAtTheRightTime

jonjamie1970 wrote: »

I would delay handing the keys back until the day they can do the inspection, witnessed photos etc are also goign to be needed.

I would take care with this approach; refusal to hand keys back at the end of your tenancy may be construed as your staying into another rental period, for which rent may be demanded.

jjlandlord

BornAtTheRightTime wrote: »

I would take care with this approach; refusal to hand keys back at the end of your tenancy may be construed as your staying into another rental period, for which rent may be demanded.

Handing the keys over is just one of the elements to judge whether T has in fact given up possession and is not that important in itself.
E.g. T can remain in occupation but hand the keys back, or indeed leave without doing so.

BornAtTheRightTime

jjlandlord wrote: »

Handing the keys over is just one of the elements to judge whether T has in fact given up possession and is not that important in itself.
E.g. T can remain in occupation but hand the keys back, or indeed leave without doing so.

Good point. However if possible I'm sure the OP would like to avoid a court case over further rental payment claims and stick to retrieving his deposit intact via a deposit scheme resolution service - if it is indeed protected in a scheme.

G51shopaholic

Go back over the property and do your OWN move out. Use your original move-in paperwork to compare condition. Video it either on your mobile phone or with a camera. Especially if you have ongoing issues.

I worked in Letting for 7yrs. We always used the original move-in paperwork to do the move-out. #this highlighted any issues immediately.

How clean was the property when you moved in? Make sure you clean the oven and defrost the freezer.

Unfortunately there is no law that states your entitled to be at the move-out.

Make the agent aware you've taken your own readings & photos.

jonjamie1970

BornAtTheRightTime wrote: »

I would take care with this approach; refusal to hand keys back at the end of your tenancy may be construed as your staying into another rental period, for which rent may be demanded.

I didnt say Refuse, I said delay.

DVardysShadow

jonjamie1970 wrote: »

BornAtTheRightTime wrote: »

I would take care with this approach; refusal to hand keys back at the end of your tenancy may be construed as your staying into another rental period, for which rent may be demanded.

I didnt say Refuse, I said delay.

OK

Take care with this approach; delay in handing keys back at the end of your tenancy may be construed as your staying into another rental period, for which rent may be demanded.

may_fair

Taxus2010 wrote: »

Is this right, can they do the final inspection without me?

Yes. You have no 'entitlement' to be present.

Just to add, I haven't been pleased with the letting agent or landlord and actually have an on going legal case against them. So I wouldn't be happy for them to just do it.

If they are going to invent damage etc, they will do so and you've no control over this. There's no expectation that a T will sign off a check-out inspection; it would be like admitting liability on the spot.

The LL is making a mistake by having the agent do the check-out, as he's hardly 'independent'. However, unless they doctor photos, or deliberately cause damage after you leave, then they can't photograph damage which doesn't exist.

Do as others have advised and make your own record of condition on move-out day, including lots of v. detailed photos. Even better, do a video with an independent witness present. Make sure you do it after you've moved all your stuff out, so it's clear that it's the last day of the tenancy. Do not withhold the keys.