Leaving Rented House - Clarification on our rights

Lizard81

Hi all,

First time poster and looking for abit of advice.

We are moving out of our rented house next Thursday and I have asked the landlord to meet me there to run through the original inventory while I am present. He is a slippery so and so and we don't trust him so expect him to try to withhold some of our rent (£1200, much needed to go towards our wedding in November) to cover some of the work he needs to do to the house (although nothing that we are responsible for).

He is refusing to meet me and wants to run through the inventory after we have handed the keys back to the letting agency. Are we within our rights to insist on him meeting us there? My worry is that he will try to pin certain things on us and take loads of money off us, unreasonably.

I understand that we are able to challenge him through the deposit scheme our money is held in but I would rather we were there when he goes through the inventory so we can agree on the state of the house (it will be in the same state, if not better, as it was when we moved in).

Also, what is classed as reasonable wear and tear? The downstairs floor is wooden floorboards and has been painted. As soon as we moved in, the paint started chipping and peeling off every time you walk on it in bare feet. I even have photos of my daughter's feet covered in paint. We have done nothing excessive on it, other than walking and my daughter dragging a few toys around, as babies do, so I can't imagine how he would argue it's not reasonable wear and tear but what does anyone on here think?

I've looked everywhere online for advice on our rights with regard to insisting we run through the inventory with him but I can't find anything definitive so I thought I would ask on here.

Thanks in advance!

Werdnal

Did your original tenancy start after April 2007? Or have you signed a new tenancy since then?

Reason for this question is that any tenancy beginning after this time, is subject to Deposit Protection Regs, and the LL should have lodged the deposit in one of the govenment schemes, and given you the "prescribed information" from that scheme. Have you ever received this?

If you have a dispute, and the deposit scheme arbitrates between you and the LL to reach an amicable result. If you do not agree with the deductions the LL wants, you lodge a dispute with the scheme used.

Was there an inventory at the start which would compare with the move-out check? If not, then the LL has nothing to prove the start and end condition - it is up to him to prove the deductions, not you to prove that they do not apply.

franklee

Have you looked up your deposit to check it's in the scheme he indicated? Worth doing.

You do not have a right to be present at the inventory check but it's a good idea and I'd expect decent landlord/agents to allow it. I'd put in a written request to be there but once you've handed they keys back and the tenancy has ended that's your lot and you can't force the landlord to go through the inventory before then. Suggest you photograph everything and make sure you have your comments you made on the inventory and detail of any damage reported to hand.

I find this link useful:
Avoiding Betterment & Considering Apportionment
http://www.arla.co.uk/information/deposit-protection/betterment-and-apportionment/

Fair wear and tear
http://www.arla.co.uk/information/deposit-protection/wear-and-tear/

Kynthia

Maybe put the request in writing so that you can prove, should you need to, you wanted to have a responsible check out.

Also take photos of the whole flat yourself so that if the landlord says he needed to repair or replace something you can show the condition of it.

G_M

As said above:
1) you have no right to be present at check-out inspection, though it makes things easier for all if LL's either do a preliminary inspection (to highlight things you can then clean/repair before you leave) or do the inspection with T present to reduce disputes.
Put your request in writing. You could also request a preliminary, pre-check-out, inspection.

2) Do check yourself with the scheme direct (or all 3 schemes if necessary. Don't just assume the LL has registered your deposit.

3) Fair Wear and Tear - see TDS scheme guidelines on W&T here

4) Check-IN inventory. Was there one? Did you sign it? Does it describe fully the condition at check-in (with photos?). If not, LL will have difficulty proving check out condition is worse than check in.