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

russxiii

im currently going through this process and my LA didnt fill out an inventory, although speaking to the LL he was completely dissolutioned as to how awful his property has been kept.....new floors apparently yet they are held together with gaffa tape.....etc!

he did not do an inventory....so it will be hard for them to convince courts to validate any deductions. HOWEVER!! my new place with a different LA says in the contract:- 'an inventory will be taken at the start and end of your tenancy' it then goes on to say 'If we receive nothing from you we will take it as you accept the property as is'

Get out clause? assuming they dont take an inventory this would surely back them up? but would this justify deductions? Strong ammunition in court?

It_can_get_better

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes

DVardysShadow wrote: »

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 So yes, they are out of date.

Such as this?

"Changes to the law in April 2012 allow courts to order landlords who fail to comply with the law on tenancy deposit protection to pay compensation to tenants. The penalties apply to deposits paid for assured shorthold tenancies that started, or were renewed, on or after 6 April 2007.

A court can order landlords to make a compensation payment of between 1 to 3 times the value of the deposit if a landlord:

• only protect a tenants deposit after 30 days
• fails to give the tenant details of the scheme used within 30 days
• fails to protect a deposit."

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes

Any reference to 30 days is a reference to the localism act, as that is what stipulates 30 rather than 14 days. S213 Housing act 2004 didn't come into force until Apr 2007 and isn't applied retroactively. The only unknown that might be challanged in court is tenacies which began before 6 Apr 2007 and have since been renewed.

Gwadinina

Thank you everyone for your helpful advice.

I have very politely (as suggested here) contacted the estate agents by email.

In their reply, they acknowledge that there are no such document and that I will get my deposit back after their inspection of the flat when I move out.

Thank you mse contributors!!!

katebl

russxiii wrote: »

im currently going through this process and my LA didnt fill out an inventory, although speaking to the LL he was completely dissolutioned as to how awful his property has been kept.....new floors apparently yet they are held together with gaffa tape.....etc!

he did not do an inventory....so it will be hard for them to convince courts to validate any deductions. HOWEVER!! my new place with a different LA says in the contract:- 'an inventory will be taken at the start and end of your tenancy' it then goes on to say 'If we receive nothing from you we will take it as you accept the property as is'

Get out clause? assuming they dont take an inventory this would surely back them up? but would this justify deductions? Strong ammunition in court?

Would also be interested to know people's views on this please?

G_M

russxiii wrote: »

....:- 'an inventory will be taken at the start and end of your tenancy' it then goes on to say 'If we receive nothing from you we will take it as you accept the property as is'

Get out clause? assuming they dont take an inventory this would surely back them up? but would this justify deductions? Strong ammunition in court?

It is never a good idea to hijack other peoples threads with your own query - it confuses everyone with replies to both queries. Better to start your own thread. However:

Not really. If you do not contest a check-in inventory, or in the absence of one, do not write with complaints, then by definition you have accepted the property 'as is'.

But that does not in any way define the condition - it simply means you are satisfied to live in that condition (even if it is dirty/whatever).

When it comes to defining the condition (important at the end of the tenancy) then an agreed inventory is important (though other documents might be relevant too). Agreed means you've seen and signed it.