tenants notice to quit....conditions?

alcafin

we're presently renting a private property via a lettings agency (since dec06).As we are nearing the completion of our house purchase - due end this month, we need to give written notice to quit. As we have already done the min 6 months we only need give one months notice - all ok so far !
Obviously we've heard ugly stories about people not getting their deposits back after vacating property. Our contract just seems to say that deposits will be returned (minus any agreed deductions) after the inventory has been completed (for which we have to pick up the bill!!!) - but it seems very vague about timescales - it seems that everything is up to them to make final decisions.
what I would like advice on is - are we within our rights to stipulate (within the context of our written notice) conditions concerning when the inventory has to be done (say within 48 hours, otherwise we cannot be held liable for any problems - and also can we be present, after all we're paying for it). Also if, in the unlikely event, they have concerns about the property - they have to advise us, in writng, within 3 working days - inviting us to respond etc - and given a timescale for return of deposit once all is in order.
What i'm trying to achieve is to minimise any potential delay in returning our deposit - not giving them a chance to fobb us off.
After all, having given a months notice - why should it be so difficult to arrange a "swift" clean departure with minimum fuss & delay on both sides?

olly300

The first thing to remember is legally the landlord not the LA is responsible for returning your deposit. So you need to ensure you have the landlord's address details. One of the landlord and tenant acts states if you write a letter asking for the landlord's details the LA must give you this within 21 days otherwise you can start court action to get these details from the letting agent. The request must be done in writing and I would start court action just to get the correct address details, as if the LA starts fobbing you off they are likely to fob you off over the deposit.

You need to insist that the inventory is done in your presence to avoid any problems later. I suggest you send a letter to the LA (either hand deliver or recorded delivery) asking for the inventory to be done within 48 hours of you moving out within your presence NOW. This means you need to have some flexibility on the times. I would also send a copy to the landlord of the property.

Once the inventory has been done then, if you don't have your deposit within a month write the landlord a "letter before action" giving them a further 21 days to pay up or you will instigate court action to get the deposit plus court costs and interest. Then start court action immediately the time limit is 1 day over.

I've had contracts in the past that don't stipulate the time limit that a deposit should be paid back but having taken court action ( for deposits and other things ) before I know you have to give people a reasonable time limit to act and a month is reasonable particularly if you paid your rent monthly.