Private LL wants to do inventory whilst we're still here

calliopeviolet

Can anyone help? Our LL came round to check the boiler etc and took the opportunity to make a list of what he is calling 'damage' (things like minor scratches on the floor and a loose doorknob). He now wants to do a full inventory - can he do this? In all other rental properties I've lived in, inventories and damage are checked once the tenant leaves. If he CAN, then do we need to be here?

Also, we've packed most of his stuff away because we're using our own; is it enough to say items x, y and z are in the loft/cupboard/wherever or do we need to get it all out?

thanks.

BitterAndTwisted

Was a full inventory done when you took on the tenancy?

In any case, a landlord has the right to carry out an inspection during your tenancy if you agree to it but any proposed charges for damage cannot be levied until your tenancy has come to an end. If you don't agree to an inspection your landlord could go to court to enforce it.

sonastin

He might be trying to build up a case in the event that these things aren't fixed when you come to move out. It could be helpful to you too, as it will give you an idea of the standard that he is going to be expecting when you come to leave. I'm not saying you have to comply with his standards if you think that they are excessive, but at least you'll know what sort of defence/counterclaim you'll need to have prepared if you know what sort of deposit deductions he's likely to try to make.

calliopeviolet

Thanks both. And do I have to be here for this inventory inspection? He frightens me a bit and I want to avoid him if I can.

Sorry, Bitterandtwisted - the inventory when we moved in was fairly thorough, but didn't include things like individual plates and knives. I was here and it was more like me reading down the list and saying: "sofa, yes, clock, yes, dining table, yes"

BitterAndTwisted

The inventory doesn't sound that thorough to me if it was just a list of items present. Was there any description of the condition of the property and its contents?

You have the right to decline this inspection if you are not present. In order to give the appearance of trying to be cooperative I would suggest that you negotiate with your landlord for a convenient day and time for it to be carried out.

calliopeviolet

Yes, there was a description of condition.

And damn; I guess I will just have to bite the bullet and be here. But I'll get someone else to be here too so I'm not intimidated by him. Good to know that he can't make us pay for any 'damage' but I suppose as the initial period of our AST is now up, he could just give us notice.

hazyjo

Could someone be there instead of you rather than with you?

Jx

G_M

He can charge for damage, but not for fair wear and tear. The difference between the two is sometimes a cause for dispute!

And damage must be proved. If the carpet is described at check-in as 'new' or 'good condition' and at check-out has a large stain, then clealy there's been damage. If the carpet description is not given, then responsibility for the stain is less clear. It may have been there from the start.
So the wording on the check-in inventory becomes critical when charges are being made.

And provided your deposit is within a registered scheme, you have access to arbitration to resolve any disputes. The LL will have to prove his case.

theartfullodger

LL can ASK to do inventory during tenancy: Tenant can tell him NO, up to & including changing the locks to prevent entry (change locks back at end of tenancy)

LL is entitled to things back as-they-were less fair-wear-'n-tear. So the fact (say..) that a carpet is filthy half-way through tenancy is interesting but if it is cleaned and returned in reasonable condition, allowing for wear & tear (most people say 5-year life for carpets anyway..) then LL can go f*** 'isself..

So, loose doorknob?? Tighten the screws just before final inspection & no probs. Anyway, how long does he extect everything to last?? Stone me, one loose knob a year seems fair...


Cheers!

Artful (LL since 2000)

MissMoneypenny

G_M wrote: »

And provided your deposit is within a registered scheme, you have access to arbitration to resolve any disputes. The LL will have to prove his case.

You don't have to resolve any dispute using the relevant deposit scheme; you can go to court instead. If you have contents insurance and have taken the optional extra of Legal Cover, you may be able to use this to get your legal fees paid for, but would need your insurers confirmation of this before you contact a solicitor or barrister. In these cases: if you lose, your insurer will pay; if you win, the landlord will pay. That said, from what has been posted on these boards, the DPS one does seem to be a fair to both sides. Someone has put a recount of her dealings with them on the Rental Guide sticky on this board.

If the deposit hasn't been protected, it will be too late for the landlord to do this after the tenancy has ended. In these cases, a solicitor will advise you about going to court to get 3x the deposit, before you accept your deposit back.

If you haven't got Legal Cover on your Contents insurance policy, make sure you get this on your next rental. ARAG and DAS (legal insurers) both offer good policies, but you will need to read them to check they cover what you want covered.

MissMoneypenny

BitterAndTwisted wrote: »

If you don't agree to an inspection your landlord could go to court to enforce it.

Landlord can go to court, but whether he will win or not, is another matter.

If the tenant is unsure, the tenant could always ask their local council for advice, as most councils are now employing one or two people to deal with landlords and letting agents who harass tenants. A firm letter from the council to the LL or LA usually does the trick, but the councils' will take them to court if they continue to break the law.