No inventory ... Deposit back, after six years?

Gwadinina

Hi!

I have moved in my current flat 6 years ago. When I moved in the agency who managed the flat thought the landlord would manage it. So they just gave me the keys (I collected it them from the agency) and nothing else. They did not even came to the property with me.

Six years later I am moving out. Today, I have received a letter informing me that "an inventory clerk will assess the condition of the property in comparison with the original inventory and check in report".

My issue is that as I said previously no inventory or check in report had been done. Is it going to be complicated to have my deposit back after all these years?

Many thank for your help / any advice on how to handle the situation.

Werdnal

The inventory is required by the landlord to prove the start and end condition of the property. If you were not given an inventory at the start, that does not mean there wasn't one, but you should have received a copy and been given the opportunity to sign and agree to it, or raise any errors or problems at the start.

If there was no inventory signed by you, there is a good chance the LL would not be able to make any deductions from your deposit, as he needs proof that any damage or repairs necessary were caused by you.

Do you know if your deposit was protected in a scheme and were you given the prescribed information from the scheme used? You have the chance to apply to the scheme for the deposit to be returned to you, and challenge any deductions the LL tries to make.

You have an obligation to return the property in the same condition as it was let to you, less fair wear and tear, and after 6 years, the wear and tear allowance would be considerable. For instance, if you damaged the carpet, the LL could claim some money for that damage, but after 6 years, he would not be entitled to the whole replacement cost of the carpet, as it has had 6 years wear and tear whilst you have lived there.

However, as said above, deposit deductions need written proof, and the lack of an inventory signed and accepted by you when you moved in, means it is much harder for the LL to prove any deductions.

DVardysShadow

Ask now for a copy of the original inventory and check in report as you were never given copies. In writing. Keep a copy of your letter.

Beyond that, don't kick up if they don't give you anything until and unless you find deductions are proposed.

It_can_get_better

If the deposit was paid before April 2007, there was no requirement to protect it, and the only way to dispute it would be direct with the landlord or in court.

Werdnal

It_can_get_better wrote: »

If the deposit was paid before April 2007, there was no requirement to protect it, and the only way to dispute it would be direct with the landlord or in court.

Sorry, you are wrong here. The Localism Bill in May 2012, tightened the requirements, and all deposits should now be protected (although I don't think this has yet been proved in court and may not yet hold water). Tenants can claim 1-3x the deposit value if LL refuses/forgets/cannot be arsed to comply!

Long discussion from LLZ forum here:

http://www.landlordzone.co.uk/forums/showthread.php?45454-Localism-Act-new-deposit-rules-from-6th-April/page3&highlight=localism+bill

G_M

If there was no check-in inventory then the landlord will be unable to prove that on check out the condition is not the same, since he cannot prove what the condition was at the start!

So if he deducts anything from your deposit (other than rent you may owe of course), you can contest it and he will have no legal leg to stand on.

Is your deposit protected in a scheme (Deposits)? It should be. Originally it did not need to be, but since the Localism Act 2011 ALL deposits should be protected. Use the scheme's dispute process.

If it is NOT protected in a scheme you can also claim 3 times the deposit.

G_M

It_can_get_better wrote: »

If the deposit was paid before April 2007, there was no requirement to protect it, and the only way to dispute it would be direct with the landlord or in court.

No longer true.

See The Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

It_can_get_better

Werdnal wrote: »

Sorry, you are wrong here. The Localism Bill in May 2012, tightened the requirements, and all deposits should now be protected (although I don't think this has yet been proved in court and may not yet hold water). Tenants can claim 1-3x the deposit value if LL refuses/forgets/cannot be arsed to comply!

Long discussion from LLZ forum here:

http://www.landlordzone.co.uk/forums/showthread.php?45454-Localism-Act-new-deposit-rules-from-6th-April/page3&highlight=localism+bill

I wouldn't be so sure about that. All 3 approved schemes seem to disagree, with the DPS explicitly stating that the legislation does not apply retrospectively.

http://www.depositprotection.com/help/browse/agent-landlord/deposits

http://www.mydeposits.co.uk/landlords/faqs

http://www.thedisputeservice.co.uk/tenants-faqs.html

Shelter also disagree

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes?src=hpban-s

As do CLG

http://www.communities.gov.uk/documents/housing/pdf/2124898.pdf

DVardysShadow

It_can_get_better wrote: »

I wouldn't be so sure about that. All 3 approved schemes seem to disagree, with the DPS explicitly stating that the legislation does not apply retrospectively.

http://www.depositprotection.com/help/browse/agent-landlord/deposits

http://www.mydeposits.co.uk/landlords/faqs

http://www.thedisputeservice.co.uk/tenants-faqs.html

Shelter also disagree

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes?src=hpban-s

As do CLG

http://www.communities.gov.uk/documents/housing/pdf/2124898.pdf

You might find that your links contain out of date information.

Unless the linked material refers to the localism act, I would assume it is out of date.

It_can_get_better

DVardysShadow wrote: »

You might find that your links contain out of date information.

Unless the linked material refers to the localism act, I would assume it is out of date.

http://www.depositprotection.com/hel...dlord/deposits

Other questions make reference to protecting within 30 days.

http://www.mydeposits.co.uk/landlords/faqs

Other questions make reference to protecting within 30 days.

http://www.thedisputeservice.co.uk/tenants-faqs.html

No specifc mention of any dates

Shelter also disagree

http://england.shelter.org.uk/get_ad...es?src=hpban-s

Page updated June 22nd 2012

As do CLG

http://www.communities.gov.uk/docume...df/2124898.pdf

States deposit needs to be protected within 30 days

Is it likely that the schemes who profit from the service, the housing rights charity Shelter who campaigned for the legislation and the CLG all have out of date information?

DVardysShadow

It_can_get_better wrote: »

.... Is it likely that the schemes who profit from the service, the housing rights charity Shelter who campaigned for the legislation and the CLG all have out of date information?

As the question relates to the application of the Localism Act, the only linked material which should be taken notice of is material which refers to the Localism Act.

A quick search of Shelter's site indicates that most of their material is on the Localism Bill. So yes, they are out of date.