Pre-vacation inspection

Mardle

We have just handed notice on our rented house to take effect on Jan 26th. This morning we got a letter from the agent saying they have arranged a pre-vacation inspection for Jan 6th at 11.30.

I have never heard of such a thing before & am not happy about allowing it. This particular agent has never inspected the house before.

We've been here since March 2004. We had regular inspections for the first year but none since. The original agent went bust several years ago and for a while we paid rent direct to the landlord before she decided to appoint the current agent.

The agent doesn't hold our deposit. It obviously hasn't been protected because we've been here too long.

Do we have to allow the inspection?

G_M

What do you mean "obviously hasn't been protected because we've been here too long." By law your deposit should be protected (assuming you are in England?).

(unless you are still within the original fixed term tenancy agreement from 2004? Unlikely as that would require an 11 year fixed term, which in turn would need to be Executed as a Deed since it is over 3 years.....)

A preliminary inspection is not compulsory - refuse if you wish - but it can be useful. The agent can point out things which are broken, dirty, etc and you then have time to repair/replce/clean them yourselves, thus avoiding deductons from your deposit.

The fact that "The agent doesn't hold our deposit" is irrelevant. I assume the landlord holds it? (though see my comment on protection above). The agent will inspect on behalf of the LL and advise the LL of any damage/dirt etc justifying deductions.

dimbo61

Unless the Landlord did a detailed Inventory with photos and even Video he/she cannot prove what the condition of the property was when you moved into the property in 2004.
you have been renting for over 10 years so the carpets/curtains and many other items are due to be replaced or renewed.
Ask for information about the deposit and watch the look on the letting agents face !!!!
Take NO BULL #### off anybody you want the whole deposit back before you move out OR you will Sue the Landlord and letting agents for failing to protect the deposit.
Nothing should come out for Fair Wear and Tear after 10 years no matter what the condition of the property.
Did the Landlord do an Inventory ? Which you signed !

anselld

G_M wrote: »

(unless you are still within the original fixed term tenancy agreement from 2004? Unlikely as that would require an 11 year fixed term, which in turn would need to be Executed as a Deed since it is over 3 years.....)

The deposit would not need to be protected if the original fixed term ended prior to April 2007 and a SPT has continued since.

anselld

dimbo61 wrote: »

Unless the Landlord did a detailed Inventory with photos and even Video he/she cannot prove what the condition of the property was when you moved into the property in 2004.
you have been renting for over 10 years so the carpets/curtains and many other items are due to be replaced or renewed.
Ask for information about the deposit and watch the look on the letting agents face !!!!
Take NO BULL #### off anybody you want the whole deposit back before you move out OR you will Sue the Landlord and letting agents for failing to protect the deposit.
Nothing should come out for Fair Wear and Tear after 10 years no matter what the condition of the property.
Did the Landlord do an Inventory ? Which you signed !

There is no entitlement to "the whole deposit back before you move out".

Whilst W&T over 10 years would wipe out most issues with soft furnishings and decor it would not account for actual damage to longer lived items, e.g. the building itself, doors, sanitary goods, etc, etc.

G_M

anselld wrote: »

The deposit would not need to be protected if the original fixed term ended prior to April 2007 and a SPT has continued since.

Good point.

kinger101

The LL or Agent are entitled to inspect the state of repair of the property with 24 hours notice. Let them do it. They may just want to get an idea of whether any work (general maintenance) needs doing between the time you vacate and the next tenant moves in. It can take time to book tradesman such as decorators.

What you shouldn't do is let them disturb you with any redecoration/refurbishment etc while you are still there.

jjlandlord

anselld wrote: »

The deposit would not need to be protected if the original fixed term ended prior to April 2007 and a SPT has continued since.

That is what many think, or hope, but that's unclear...

Mardle

The landlord didn't do an inventory with us when we moved in. We were sent an inventory after we were in. We had to add our comments sign it and return it to the agent.

None of the carpets or curtains were new. The front door has always been damaged & the bathroom suite is avocado green (it's lasted well!)

G_M

jjlandlord wrote: »

That is what many landlords think, or hope, but that's unclear...

Tenants may hope the opposite....

System

Superstrike V Rodrigues a Court of Appeal Ruling ruled that a new contract is formed at the end of the AST.

So my interpretation is that if the periodic tenancy begans before 6 April 2007 then there is a new contract but does not need to be protected because and SPT is openeneded and will not need to be renewed again.

If the tenancy reverts to SPT after 6 April 2007 then it is a new contract that requires the deposit to be protected.

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