Need an Inventory & Guarantor letter template?

mlz1413

Crickey Novicelandlady there is an awful lot in your post but you need to get your evidence in order first.

Do you have a copy of the signed inventory and AST?
Your time line is not very clear, how long has tenant been out of property?
You need to get copies of all the communications from LA to T AND T to LA, ref arrears, notice, inspections etc.
Is there a signed check out inventory from when the T left and is it signed?
How much deposit was paid? did LA hold this? find out which scheme and if any has been returned or if any communication has been made with scheme.


Go through the check in inventory (prefereable a photo copy and not the original) and note the condition of every item per room, add notes for damage per room per item.

Then get prices/quotes/estimates for the repair or replacement of each item. If you print pages off the web ensure you know the site and can re-find the items.

Then send a letter recorded delivery to guarantor and tenant (the LA should have asked T for a forwarding address to return deposit to) stating the total of the amount due, then break down on a seperate sheet how this is built up - ie rent not paid and damage per your findings.

Ask for letter to be acknowledged within 7 days and responded within 14 days. If they do not respond then send another letter saying that you will go to court within xx days (at least 14) if they do not respond.

Re the court speak to your local office they are normally helpful and can advise how to fill in the forms correctly.


Re the LA, I would bullet point all the problems you have had, write the relevant clauses of the signed T&C's you have with them, then write to them requested acknowledgement and response to each item.

When you have a response (or not) post those problems seperately on here for advice. Also advise if LA was a member of any professional body.

Police call outs and friends staying with her are mostly irrelevant as she has the right to live how she likes.

hope that helps!

N79

EagerLearner wrote: »

Hi all - I used to be a tenant who got conned bya landlord... now I am acting as an agent for my brother who is renting a property. I have found him some lovely tenants and want everything to be 100%.

Will be registering him/his property under the Tenant Deposit Scheme of couse 2 weeks after getting deposit from them and want a:

- really good Inventory and
- some sort of document for guarantor so he confirms he will pay rent if needed

which I will need both for this coming weekend (I already have the AST contract sorted).

I have Googled these and most seem to chargeable - does anyone have any ideas how I can get them free? I can cobble some up before the weekend but want to tick all boxes both for the landlord and for the tenants :T

Eagerlearner

You must execute the guarantee as a deed if you want it to be legally enforcable. If you don't know how to do this then please, given your accident prone nature, pay a solicitor to draw up and execute the deed for you.

You also need to make sure that:

i) The guarantor gets a copy of the tenancy agreement in advance.
ii) The guarantor gets a copy of the tenancy agreement signed by you and a copy of the agreement signed by the T.

N79

mlz1413 wrote: »

Will be registering him/his property under the Tenant Deposit Scheme of couse 2 weeks after getting deposit from them and want a:

- really good Inventory and
- some sort of document for guarantor so he confirms he will pay rent if needed

which I will need both for this coming weekend (I already have the AST contract sorted).

=========================================================

The standard AST I used had a space for the guarantor to sign, I insisted they were with tenant when they were walked through the inventory, took meter readings and we all signed the agreement (also my witness was there)

I made it clear to the guarantor they were liable for any payments the tenants didn't make before we signed.

This worked as I had problems with the tenant and they moved out without telling me, assuming I wouldn't be able to trace them, so I contacted guarantor and when I hit a blank took all of them to small claims court, as in Mr AND Mrs tenant and guarantor. Court awarded me the claim and I now get £25 per week towards the damage and lost rent. If the tenants don't pay I go to guarantor (her sister) and then payments resume.

As long as you are clear with new tenants I think that is the main thing. I always make it clear that the rent should be paid on or before the due date. Any damage needs making good straight away. Ask them if they consider the property to be clean and then say that is way it should be at the end of the tenancy or money will be deducted from the deposit.

Good luck.

MLZ

MLZ - see my advice to eagerlearner. Did you execute the tenancy as a deed? If not then I do not believe that the guarantee is valid. You may have been lucky when you went to court in that your guarantors did not argue this point but please seek advice before you have to rely on your guarantee again.

mlz1413

N79 the original thread is from 2007.

Novicelandlady is the only current post on this thread.

tbs624

BenDavies21 wrote: »

Hey, I found a template when searching on google for only £4.95 -......" blah , blah"

Are you on commission BenDavies, or involved in some other way? You've made just 5 posts and managed to mention this money earning website on 4 of them.

Anything else you could provide for MSEers via the named website?

See above :

Don't post links for personal gain. Except in the referrers section and always declare any interest.

tbs624

mlz1413 wrote: »

N79 the original thread is from 2007.

Novicelandlady is the only current post on this thread.

the original resurrection of the thread seems to have been triggered back in Oct 09 by a bit of forum gravedigging to enable someone to plug a moneymaking website - see post from "BenDavies".

N79

mlz1413 wrote: »

N79 the original thread is from 2007.

Novicelandlady is the only current post on this thread.

Oops - need to clean my glasses.

Novicelandlady

Fire_Fox wrote: »

Welcome to MSE! Lots of questions before we can advise you on whether you can or cannot take legal action ...

1. Do you have a copy of a dual signed inventory detailing the condition of the property when the tenant took occupation?
2. Did the tenant serve your with notice to quit OR did you go through the correct procedure as regards abandonment?
3. Was the tenants damage deposit lodged in one of the three schemes?
4. Do you have an up to date address for either tenant or guarantor?
5. Does the contract with the letting agency specify they will deal with damage and rent arrears?
6. Did the letting agency credit check and reference the tenant?

1. Yes, i have a copy of signed and detailed inventory when tenant took occupation
2. originally, after 5months of tenant occasionally paying £50 or £100 but not the full rent (which apparently prevented agency from serving NTQ as she needed to be in arrears of 2month of non-payment of rent), agency finally served a notice on tenant at which point she said she would move out, so they didn't bother taking the matter further. it took another 3 weeks until she has finally vacated the property.
possession was taken of the property and locks changed by council repair department instructed by the agency (as i understood)
I have an address for both tenant and guarantor but do not know if they are up to date.
5. there is a big problem with the contract between myself and agency, it is 2 pages and simply states mine(landlord) obligations and none of the agency!
I have spoken to a person who was supposedly "managing" the property at the time in person, demanding they give me a copy of proper contract where it stipulates THEIR obligations to me, to which she kept replying they are in the 2page copy I already have and when I asked her to point those out to me, she clearly could not do so as they were none in that contract! I wonder if I can assume agency's basic obligations to me as a landlord w/t a written contract as such?
therefore contract does not mention anything in the case of damages or rent arrears (although am sure I can find something on their website saying how they deal with it if you sign up for their 'full management guarantee scheme', meaning they will pay u rent if tenant stops paying (they have done so only after 5months and only paid me for 1.5month or so till the tenant moved out and only after i called them practically everyday about it)
they have however, paid back tenant's deposit to me because of the amount of damages. deposit was properly registered at the time.
6. agency supposedly credit checked the tenant and told me she had a low score but it could have been for a number of reasons and assured me she earned more than enough to cover the rent (turns out she worked in a pub not even full hrs, was 18.y.o and pregnant and they never provided payslips, which I was not aware at the time I could have requested)

Thanks a lot for all the help and advice, I really want to sort this mess out once and for all!!!

Novicelandlady

mlz1413 wrote: »

Crickey Novicelandlady there is an awful lot in your post but you need to get your evidence in order first.

Do you have a copy of the signed inventory and AST?
Your time line is not very clear, how long has tenant been out of property?
You need to get copies of all the communications from LA to T AND T to LA, ref arrears, notice, inspections etc.
Is there a signed check out inventory from when the T left and is it signed?
How much deposit was paid? did LA hold this? find out which scheme and if any has been returned or if any communication has been made with scheme.


Go through the check in inventory (prefereable a photo copy and not the original) and note the condition of every item per room, add notes for damage per room per item.

Then get prices/quotes/estimates for the repair or replacement of each item. If you print pages off the web ensure you know the site and can re-find the items.

Then send a letter recorded delivery to guarantor and tenant (the LA should have asked T for a forwarding address to return deposit to) stating the total of the amount due, then break down on a seperate sheet how this is built up - ie rent not paid and damage per your findings.

Ask for letter to be acknowledged within 7 days and responded within 14 days. If they do not respond then send another letter saying that you will go to court within xx days (at least 14) if they do not respond.

Re the court speak to your local office they are normally helpful and can advise how to fill in the forms correctly.


Re the LA, I would bullet point all the problems you have had, write the relevant clauses of the signed T&C's you have with them, then write to them requested acknowledgement and response to each item.

When you have a response (or not) post those problems seperately on here for advice. Also advise if LA was a member of any professional body.

Police call outs and friends staying with her are mostly irrelevant as she has the right to live how she likes.

hope that helps!

Apologies MLZ, I have just found this site and got really excited about getting some advie and proceeding in the right way to ensure I resolve this matter!

Yes, I have a copy of signed inventory and AST, inluding guarantor's signature and address on it!

the tenant moved into ppty sept 2008 (there's a small issue with that also, tenant was issued with keys in aug, but tenancy was only issued in sept and so was my 1st payment), she left the property 4 march 2009
there is a signed check out inventory by the agency, but not by tenant.
check out was carried together with my mum present and property inspector, i have
email from him confirming how bad of a state property was left in and photos attached.
Deposit was for £400 which was returned to me.

i have gone through inventory and added up all the damage, items missing and all the costs for repairs and renovation of the property.

I will have to check whether LA was a member of professional body. Where can I do that?
It wasn't a friend staying with the tenant, but he bf, who was part of ongoing fight with another girl, which resulted in front door been damaged and boarded up!

Will go through all paperwork I have and post bullet points of all the problems with LA.

thanks a lot for all the support :-)

mlz1413

NLL it is really a year since T moved out?
What has happened with the property since? have you made repairs? have you re-let?
I guess if you are only claiming for damage within tenancy and not for continued losses you should be ok, but I would ring the county court and find out if there is a time limit for damage claims. For breach of contract which is the claim against the LA then you have 6 years.

The LA would have a registered number on their letter head if they are a member, the only association I know of is ARLA but hopefully others will be along on this matter. I would just ask the LA who they are with. You could then ask the associaiton for a list of regulations the LA has to abide by.

Before you go to court you have to been seen to have tried to settle the issue, so you need to contact the T & G, write to last known addresses and go from there.

I would also urge you to think clearly about what you actually want as it sounds like the T has no money and therefore you could just be racking up costs and receive nothing back.

Re T b/f moving in - does it make any difference to the claim you are making?