No inventory on rented flat

Calleja

Hi,

Currently a theoretical question at the moment, but will possibly be real life in a month or so, if all goes well with my house purchase!

In a nutshell, my question is - if I never signed an inventory (as far as I'm aware, there isn't even one in existence) on my rented flat, does the landlord have ANY grounds for with-holding my deposit?

A bit of backgound - I moved in 3 years ago and never signed an inventory, nor did the agent/landlord do an initial inspection when I moved in. I've had a few problems (fairly minor) which I tried to get sorted, but then the building got repossessed. I was basically told by the letting agency (who had taken over, not the original I signed up with) that there was no money to fix any issues, unless they were urgent. So I have basically lived with these issues. My concern is, now that I am hoping to move out, will the landlord somehow hold me responsible for these issues and with-hold the deposit?

Stupidly, I have no evidence to say I reported these issues (all by phone) and to complicate matters, the house has just been bought (but I've no idea who by yet). My concern is that one of the issues has escalated into a bigger problem in the meantime and will require some substantial repair - however, the whole flat (and I assume the other flats in the building which are now all empty) are in need of a fair bit of work anyway. I appreciate that the inventory is really for the contents rather than the condition of the flat, but I have never signed any paperwork saying that the flat was in perfect condition either.

My deposit was entered into one of the protection schemes.

Any advice or what do people think? Thanks all.

sandsni

The LL can still try to make deductions from your deposit, but without a check-in inventory it will be very difficult for him to prove the condition of the flat when you moved in, and therefore very difficult to prove you caused any of the issues he might try to charge you for.

Did you ever report any of the issues in writing? Without written evidence, it will also be difficult for you to prove you reported the issues in a timely manner. Could any of the issues be attributed to you not acting in a "tenant-like manner"? The issue that has "escalated", could you provide a bit more info? eg is it a pest infestation problem that has got out of hand? Cracks in the walls or built-in cupboards?

If, when the time comes, you cannot come to a compromise with your LL then you can raise a dispute with the protection scheme - your prescribed information should tell you how that works.

[Deleted User]

http://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf

Read through this document to further understand the process, it should answer your questions regarding what can the landlord expect.

Calleja

Hi sandsni - thanks for the reply. I'm reluctant to give too many details about the problem in case the letting agency is on here and susses me out! I would go so far as to admit that the problem was certainly not helped by some of my actions, but I've had to deal with a lot of inconveniences since the house has been repossesed, alongside a lack of willingness from either agency to deal with any of my problems, so I would be reluctant to take full responsibility. No, I unfortunately didn't report anything in writing (my fault I realise).

Like I say, its compounded by the fact my new landlord/lady is an unknown entity to me at the moment - the house has been sold but as yet the agency I have been dealing with won't let me know who to (although I haven't changed my payment details yet, so I guess its technically still the agency who have responsibility - but that might change by the time I give notice). And all problems started with the original agency I signed up with!

My deposit isn't a huge amount, I guess its just the principle really.

Calleja

citricsquid wrote: »

http://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf

Read through this document to further understand the process, it should answer your questions regarding what can the landlord expect,

Thanks - downloaded and I'll have a read....

tbs624

Calleja wrote: »

Hi sandsni - thanks for the reply. I'm reluctant to give too many details about the problem in case the letting agency is on here and susses me out! I would go so far as to admit that the problem was certainly not helped by some of my actions, but I've had to deal with a lot of inconveniences since the house has been repossesed, alongside a lack of willingness from either agency to deal with any of my problems, so I would be reluctant to take full responsibility. No, I unfortunately didn't report anything in writing (my fault I realise).

Like I say, its compounded by the fact my new landlord/lady is an unknown entity to me at the moment - the house has been sold but as yet the agency I have been dealing with won't let me know who to (although I haven't changed my payment details yet, so I guess its technically still the agency who have responsibility - but that might change by the time I give notice). And all problems started with the original agency I signed up with!

My deposit isn't a huge amount, I guess its just the principle really.

How long since the new owner bought the property?
As T you should be sent a "letter of authority" from the previous LL which confirms the property sale to another party

New LL should also send you formal notification of transfer of ownership, as required under the LL and T Act 1985, s3 and the LL and T Act 1987, s48. See relevant links here ( note time limits)and here. Note that failing to comply with the first is a criminal offence.

You could write to the LA, referring to your previous conversation with them about the property condition, reminding them of their response and updating them as to any worsening of maintenance issues etc. Keep a copy. The lack of inventory would hinder any claim against your deposit but you need to be able to show that you have behaved in a "tenant like manner" by notifying deterioration of the property.

Don't presume by the way that your tenancy deposit *is* scheme registered - it is important to check for yourself online, especially when there have been changes of LL/LA. Your LL should also have provided you with the scheme's prescribed information. Have they done so?

Three original scheme operators are mydeposits, TDS ( both insurance backed schemes) DPS custodial: these have now been added to by DPS insurance backed and an offering from Capita

Calleja

Thanks tbs624 for the very useful reply. To be honest, I'm not sure if the new landlord/lady has completed yet - a sold sign has gone up but they won't tell me who it is, nor have they asked me to change who I pay. So I'm still in the dark a bit. I'm hoping I can get my notice in before they inform me, make things a little easier.

With the current agency, I have to admit that my communication was all very informal (and I realise that mistake now). When someone from the agency came round for the first time, he basically told me that as it was repossession, no repairs would be done unless urgent. So I didn't push it, as the issues were not bothering me too much. That said, I have had agents round on a number of occasions (at least 5 times I reckon) when accompanying potential buyers for viewings - they would def have seen the issues then, but that wasn't their purpose for being there.

But thanks for the tip regarding the protection scheme - I guess I assumed that because it is independent to the letting agency it would automatically be transferred. I still have the original information so I will check that out today.