Quick Inventory Question Please

LittleOne83

I've just come out of a private let and will be starting deposit dispute proceedings.
On moving in the check in was done by the landlord and not an independent clerk. It was quite sparse with very little detail. I made some amendments, signed it and sent it back.
At the end of tenancy and after a full professional clean the landlord refused to discuss the condition of the property. This week I recieved another self done inventory, again with very little detail. I informed the landlord I disagreed with some of it and would be in touch in writing. They sent an independent check in inventory performed for the new tenant. Although the presentation was different, the wording and descriptions used are identical.
The ex landlord won't discuss or agree deductions from the deposit and has since unprotected it and is sending a cheque. I won't know the amount until I receive it.

My question is can the landlord use the new tenants independent check in inventory for the old tenants check out inventory? Obviously I have no proof this is what happened, it's more a curiosity. I also wasn't informed when the check out would be or given the opportunity to attend otherwise I would have been there with bells on!

Ruby_Hepburn

It was my understanding that the deposit cannot be released until both parties agree to the figure. The fact that you clearly haven't agreed, and don't know the figure, makes me wonder whether the landlord has actually put the deposit in the scheme or not. Have you checked this online?

LittleMax

Yes, both parties have to agree before the deposit can be released. It is sounding to me like the deposit wasn't protected.

You say you will be starting deposit proceedings - what information was you given by the landlord about doing this?

The inventory can be undertaken by the landlord, but whoever does it, it is important to have good detailed descriptions of the condition and where possible photographs. The check-in inventory of the new tenants could only be used to prove the condition at your departure if they moved in immediately you moved out and nothing at all was done by the landlord in between.

LittleOne83

Thank you both.
It was protected by mydeposits who seem to leave it to the tenant/landlord to discuss and agree between them. The landlord (from what I can see as a tenant so please correct me if I'm wrong) can unprotect the deposit at any time it and forward the money to the tenant.
As a side note the landlord didn't give me written information on where the deposit was protected, I had to hunt it out myself.
The landlord has since sent a breakdown of deductions, some I don't agree with so will still continue with dispute as they won't discuss it any further.
The new tenant inventory was done 5 days after I moved out and 1 day before the new tenant moved in. There had been a painter/decorator in at some point to correct some damage caused by a plumber during my tenancy.

G_M

* Deposits: payment, protection and return

Ruby_Hepburn

I thought it needed to be protected by the TDS or DPS or the third scheme. Of its in a scheme which leaves it for the tenant and landlord to hash out between them, how does that benefit either party? Who mediates a disagreement? The deposit scheme is there to protect tenants money. And for the landlord to just remove it Willy nilly tells me your money was not protected whatsoever.

LittleOne83

It was protected with mydeposits which is the third scheme you mention. It is a proper government backed scheme and the dispute will be through them.
With mydeposits the landlord keeps the money and they are meant to keep it in a separate account (in reality this probably doesn't happen) and mydeposits insures it. So the landlord unprotects (again I don't know what they have to do/say their end to do this) the deposit and then gives what they deem the right amount back. The tenant can then start a dispute, as I am now doing.
Fun time ahead!

Ruby_Hepburn

That's the scheme that costs the landlord money too. Seems he wadnt advised properly

Good luck anyway The dispute should go in your favour in so much as an in depth inventory wasn't conducted

LittleOne83

Ah didn't realise it costs them money to! What do they have to pay for out of curiosity?

Socksey

LittleOne83 wrote: »

Ah didn't realise it costs them money to! What do they have to pay for out of curiosity?

It covers the administration costs of the scheme.... so everything from the setting up of the websites, their maintenance, costs of arbitration in case of a dispute etc...

Ruby_Hepburn

I thought it was purely because the landlord held their own deposit. So an insurance of sorts? For this exact situation where the landlord may not give back the full deposit amount owed. The tenant then claims against this and the insurance covers it. The other free schemes still have admin costs, although I'm not sure how they cover these costs if I'm honest.