No inventory at check-in

HaleyP

Hello!

Really hoping someone can help here. I rent a two bed flat with a friend- 12 month tenancy from August last year. When we moved in we were told someone would come round later that day to do a 'check-in' but they never did. We chased it up a few times but they eventually said they didn't need to come as they'd checked the property before we moved in and we left it at that.

Now, there's quite a few things broken in the flat (not major, but for example my wardrobe door hinge is broken, and some marks on the carpet in the hall etc).

I'm worried they'll charge us for these things even though they were already here when we moved in. How can we prove they weren't? We never signed an inventory or anything, so what are the chances we'll get our full deposit back? We're really good tenants, the flat is always clean and tidy.

Hope someone has had a similar experience and useful advice.

Many thanks,

chappers

HaleyP wrote: »

, so what are the chances we'll get our full deposit back?

Pretty good as they have no dual signed inventory to prove you damaged anything.

G_M

Since you did not sign any check-in inventory, it will be harder for the LL/agent to argue what condition the items were in when you moved in.

However, it as always wise to report damage asap in writing (that means a letter). Then you have it on record.

A bit late now (after 8 months!) - it will look like you've just broken them!

Did you pay a deposit?
Is it registered?
Which scheme?
Did you receive the 'Prescribed Information?
When?

HaleyP

G_M wrote: »

Did you pay a deposit?
Is it registered?
Which scheme?
Did you receive the 'Prescribed Information?
When?

1) Yes, we paid a month and a half's rent which came to £1012.50 (we paid half each).
2) Yes
3) It says it's protected by Tenancy Deposit Solutions on the tenancy agreement
4 & 5) Sorry to sound thick but I have no idea what this is?

Thank you for your help though!

G_M

The landlord has 30 days from receipt of the deposit not only to register it, but to send you specific information about the registration. See example here. Note that attached to this MUST be the scheme's terms and Conditions.

Did you receive this?
When?

You should also contact TDS yourself to check it is registered. Do not just take the LL's word.

tbs624

HaleyP wrote: »

1) Yes, we paid a month and a half's rent which came to £1012.50 (we paid half each).
2) Yes
3) It says it's protected by Tenancy Deposit Solutions on the tenancy agreement
4 & 5) Sorry to sound thick but I have no idea what this is?

Thank you for your help though!

My bolding

It's not sufficient for it to be mentioned in the Tenancy Agreement. Have you actually had formal confirmation that the tenancy deposit *has* been registered with TDS?

The "prescribed information" is info about the scheme and how it is operated - by law, specific details have to be given to Ts by their LL.

If you have not had proof of the deposit registration plus the prescribed information then you should go onto the TDS websitre and check for yourself whether registration has been completed. If nothing there then check with the other two schemes - mydeposits and DPS. Your LL should have sorted both parts of his legal obligation within 30 days of receiving your tenancy deposit.

Edit: cross posted with G_M's response above

HaleyP

Oh no... we've never received anything like that at all. All we've got is a tenancy agreement and a 'New Tenant' guide

I've just done a search on the TDS website and it says 'tenancy not found'. This is the first property either of us have rented (after being students) and just assumed they'd take care of something like that!

Will this make it even harder to get our deposit back?

Thank you all so much for your help, you knowledgeable people.

Edit: Just checked the other two websites too- nothing found!!

BitterAndTwisted

The next course of action is to WRITE TO THE LANDLORD asking which deposit protection scheme it has been registered with.

One ace you still have up your sleeves, which I wouldn't necessarily suggest except in extremis, would be to withhold the last month's rent if you don't get a response to your reasonable request.

A second ace, which might suit you later, is that the landlord cannot legally evict you if the deposit has not been registered, but I'd keep that info to yourself for the moment

HaleyP

BitterAndTwisted wrote: »

The next course of action is to WRITE TO THE LANDLORD asking which deposit protection scheme it has been registered with.

We rent via a letting agent, so would I write to them? I don't have any details for the actual landlord other than his name in the tenancy agreement.

Thank you

BitterAndTwisted

In which case you WRITE (not phone, not text, not anything else) to the landlord at the address on the TA, and send a copy of it to the agent. Also, keep a copy of your letter in a safe place for later.

What do you mean you don't have an address? It should be in the TA under the bit where it mentions "for the serving of Notices"

HaleyP

BitterAndTwisted wrote: »

In which case you WRITE (not phone, not text, not anything else) to the landlord at the address on the TA, and send a copy of it to the agent. Also, keep a copy of your letter in a safe place for later.

What do you mean you don't have an address? It should be in the TA under the bit where it mentions "for the serving of Notices"

So even though we paid the deposit directly to the letting agent in their offices, the landlord is still responsible for securing it, and it's him I write to? I'll have to dig out my papers and find the tenancy agreement for his address then.