Letting inspection issues

Tsavorite

First post so please go easy!

I moved into a student property three years ago in my final year of undergrad. Two bed house, shared with my fianc!. We ended up staying here while I did a postgrad and he started work. We're moving out next month and I'm concerned I won't get my deposit back.

When we moved in there were certain things wrong with the house that we said we weren't bothered about as long as we didn't get charged for them e.g. cigarette burn on the carpet, broken mirror, plaster coming off one of the walls (where the previous tenant said he threw a clock...) Letting agent wrote all this down on the inspection but unfortunately I didn't keep a copy.

In July our letting agent closed down and got replaced. As far as I am aware the new agent should have all of the paperwork relating to our house, so should have the inspection report. The new agents aren't great in comparison to the old ones so I'm a bit concerned that it might have been 'mislaid' and we'll be made to pay for things we haven't done.

The new agent has never been to the property so it will be my word against theirs if I have to take it to a DPS adjudicator. I was just wondering if anybody had any advice on the best course of action to take in the meantime? Should I:
- Try to get in touch with the old agent to see what he remembers? He still has a business in a nearby town.
- Contact the current agent to see what records they have?
- Formally write to the new agent listing all the things that were wrong before they come to inspect?
- Don't mention anything until we move out?

Many thanks!

G_M

Your contract is with your landlord, not his agent, so it makesno difference.

If you have any complaints such as repairs that need doing, write in the usual way to the landlord at the address you have been given "for the serving of notices".

If this happens to be the new agent, so be it.

Tsavorite

Well in almost three years I have never seen the landlord. Plus my tenancy agreement states that it's up to the agent to make deductions from the deposit on the landlord's behalf, so I could lose out if they decide I stained the carpet, damaged the wall etc.

[Deleted User]

If it went as far as a DPS dispute, the LA/LL would have to present the inspection report to 'prove' the problems they wish to take out of your deposit weren't there when u started your tenancy. If they are mentioned in the inspection report.., u won't have to pay. If they don't have an inspection report, they won't get the money as they can't prove the problems weren't there when u started your tenancy.

I hope that relieves your anxieties.

G_M

Tsavorite wrote: »

Well in almost three years I have never seen the landlord.
That does not alter the fact that
a) heowns the property
b) he receives the rent
c) you have a contract with him

Plus my tenancy agreement states that it's up to the agent to make deductions from the deposit on the landlord's behalf,
the agent would be acting for the LL, so see my previous advice
so I could lose out if they decide I stained the carpet, damaged the wall etc.

Yes, unless you dispute this and they are they are unable to prove it.

Your contract has not changed. The documentation relating to the contract has not changed (tenancy agreement, inventory etc). If any of the documentation is missing, then the LL and his agent will be unable to rely on it.

Tsavorite

Sorry, G_M - for some reason only the first line of your first message had popped up on my screen.

I hadn't thought about them not being able to prove anything - for some reason I'd assumed that if they hadn't got the report, then they would be able to withhold the deposit but you're right, they have no proof. Happy days (hopefully)!

dimbo61

Do you get an annual gas safety certificate from the LL/LA every year.
Are the electrics safe ?
Have you ever seen an electrical inspection certificate ?
Do you have details of where your deposit is registered ?
Without a fully signed inventory the Landlord cannot claim for any damages.
Has the LL/LA increased the rent in the last 3 years ?