no inventory - sort of

Grimbal

We're preparing to hand back our rental at the end of our 6 month tenancy & we're just wondering where we stand on this.

At the beginning of the tenancy, an inventory was carried out with us present. On the day of this check, we were asked to sign a one page document declaring that we have received the keys & that the house was clean. The person carrying out the inventory check then told us that we would receive a thorough report with fully itemised details within the week which we had to sign & return to the LA within 3 working days

After two weeks, I hadn't received this latter report & queried it verbally with the LA who assured me that it would be sent asap. After many more calls & an email or two, the inventory had still not turned up. They eventually sent an electronic version via email with an apology & a statement that it would be arriving by post soon.

The electronic version is indeed a full & thorough inventory, but they have attached our one day sign off sheet to the end of it - making it look like that we've actually signed the full check.

I know I should've queried the positioning of this, but I'm wondering if the lack of a physical presence of an inventory check effectively means that there is no "proper" documentation? There is nothing on the full inventory to sign, so we couldn't have even printed it off to send it back to them.

We're now preparing to hand back the keys and wondering whether we actually do have an admissible document in order for them to use in case they want to deduct from our deposit?

G_M

There is no easy answer. It comes down to whether a judge or arbitrator would believe that you signed off the enire inventory, or believed you when you said you merely signed the page about key receipt.

Are you anticipating a dispute over your deposit?

Are there errors on the inventory (ie items listed that were not actually in the property, or items broken/dirty that are described as good condition/clean)?

All you can do is leave the property as you found it (less wear and tear) and hope there is no deduction meaning you have to raise a dispute.

may_fair

Grimbal wrote: »

I know I should've queried the positioning of this, but I'm wondering if the lack of a physical presence of an inventory check effectively means that there is no "proper" documentation? There is nothing on the full inventory to sign, so we couldn't have even printed it off to send it back to them.

We're now preparing to hand back the keys and wondering whether we actually do have an admissible document in order for them to use in case they want to deduct from our deposit?

I don't know what you mean by the 'lack of a physical presence of an inventory check'. Do you mean because it's not printed on paper?

As G_M asks, are there any actual errors on the report?

[Edit: it is not the T who has to provide evidence of damage in the event of dispute, but the LL]

lauren-morgan

The inventory should be signed on every page so that the pages cannot be changed. Do you have copies of the emails you sent chasing the detailed inventory and is the back page you signed for th keys dated?

If the back page is dated and you have the e-mails asking for the detailed inventory and this has not been signed by you I would say that is more than enough proof that it wasn't given to you at the correct time.

However if there aren't any discrepencies on the inventory they have given you I see no problem anyway?

Grimbal

thanks all.

There were a few omissions in the inventory which I subsequently emailed over to them in the expectation that the (soon to be arriving) inventory was updated.

In general, I don't expect there to be a problem. We've only been there 6 months, and we're pretty houseproud as a couple anyway (will probably be cleaner than when we took over!) I'm just worried that they'll say that the few things that WERE left off the original inventory was due to us.

Grimbal

may_fair wrote: »

I don't know what you mean by the 'lack of a physical presence of an inventory check'. Do you mean because it's not printed on paper?

As G_M asks, are there any actual errors on the report?

[Edit: it is not the T who has to provide evidence of damage in the event of dispute, but the LL]

basically, yes - as we have never been sent the inventory by mail (even though it was always to be posted imminently!), we have never been able to sign it off

may_fair

Grimbal wrote: »

basically, yes - as we have never been sent the inventory by mail (even though it was always to be posted imminently!), we have never been able to sign it off

As I said, it's the LL who'll need to provide evidence if there's a dispute, not you. If you haven't signed off the check-in inventory, then this may undermine its value as evidence.

Read the official guide by the deposit schemes - A Guide to Tenancy Deposits, Disputes and Damages - the last one on the list in this link.
http://www.depositprotection.com/document-library/processes.aspx

Grimbal

My apologies for the thread resurrection, but issues have already started to arise:

The LA has asked us for confirmation that the carpets are going to be professionally cleaned "as they were at the start of the tenancy". Apart from the requirement of professional cleaning being unenforceable, I have doubts that these carpets were actually cleaned. Very dingy around the edges, and decidedly marked.

How do I play this? I can :

1. say that the electronic version noted these markings & that the carpets will be returned in the condition as they were at the start of the tenancy
2. say that we have not received a copy of the inventory which we could sign, meaning that the check-out one has no comparitor

BitterAndTwisted

Don't respond either way but ensure that you leave the carpets in the same state of cleanliness as they were at the start of the tenancy. If the agent or landlord think they are in a different state it will be up to them to prove it via the deposit-protection schemes' arbitrators if you dispute any deductions for cleaning them.

Grimbal

thanks B&T - was hoping to do as you suggested, but LA has again emailed asking me to confirm that we will be getting the carpets professionally cleaned. They have said that it is a requirement in all their properties. I replied along the lines of "they will be as clean as when they were left for us". However, I'm starting to worry about this "is there an inventory/isn't there an inventory" thing again

DizzyDasher

I think your reply sounds very sensible. If they persist, you could refer them to the relevant documentation on unfair contract terms (e.g. I think there is an OFT document on this) without saying anything about your particular situation or the inventory?

That way you are "keeping your powder dry" for any subsequent disagreement re: deposit return.

In the mean time why not pull together all the relevant e-mails etc. so you can see the "strength of your case" all in one place? As others have said, I would have thought that if you have e-mails to the agent asking for the inventory after your key-sign sheet that should be good evidence that you had not agreed to the full inventory, but only signed for receipt of the keys.

FWIW, in our last place we had a slightly similar situation - although we did end up with a signed inventory, we had also signed that key-only sheet first, and then had to chase for the inventory and send comments etc. The agency also sent us a letter reminding us of their requirement that the flat be professionally cleaned and I worried about this. However, I believe in fact they were just trying to sell us their (grossly inflated!) cleaning service. When we actually moved out there were a few issues on the inventory (we managed to get distracted by a viewing and leave cleaning gunk on the bathtub!), but also some things we'd improved (some things cleaner than we arrived, oven door fixed) and so we suggested to the landlady that it all came out in the wash and we should get our deposit back and she agreed.

So even though they are being difficult now, this doesn't necessarily mean that anything bad will happen after you move out.