Can a landlord include additional items in the checkout report based on feedback from the new tenant

sam.ssrs

My landlord has taken more than 2 weeks to send me the checkout report. While I was wondering what is taking him this long, I spoke with the new tenant. I have confirmed with the new tenant that a number of items are included in the checkout report after he reported them to the landlord.

Can landlords do that legally? Obviously, what someone living in the property can spot over a period of 2 weeks is far greater than what a checkout clerk can spot in his 45-minute visit. I am now being chased with unreasonable demands to replace a number of things which should be fair wear and tear.

davidmcn

No specific reason why they can't notice things at a late stage, but obviously it opens up questions about how significant the matters are and whether they were actually there at the end of the previous tenancy.

Comms69

The LL has 6 years to claim for damages, so yes.

need_an_answer

How do you know for sure that the LL didn't spot these inconsistencies as well as the new tenant?

My understanding is that the check out and advising of any issues should ideally be carried out within a timeframe of up to 10 days and any proposed deductions notified to you.

Realistically it matters not who picks up something that is deposit deductible be that the check out clerk ,LL or indeed the next door neighbour....

Yor last sentence I believe gives the different meaning than you intended,what are you claiming is wear and tear rather than damage...a particular explanation or example is always easier to cast an opinion on


Submit your evidence to the deposit adjudication in line with your documentation as I am sure the LL will also do and go from there.

Wanderingpomm

What kind of things?
Just claim your entire deposit back from the protection scheme

Pixie5740

sam.ssrs wrote: »

My landlord has taken more than 2 weeks to send me the checkout report. While I was wondering what is taking him this long, I spoke with the new tenant. I have confirmed with the new tenant that a number of items are included in the checkout report after he reported them to the landlord.

Can landlords do that legally? Obviously, what someone living in the property can spot over a period of 2 weeks is far greater than what a checkout clerk can spot in his 45-minute visit. I am now being chased with unreasonable demands to replace a number of things which should be fair wear and tear.

How many threads do you need about how and what a landlord can claim from your deposit? Have you read the sticky at the top of the board about Tenancies in England/Wales?

sam.ssrs

Pixie5740 wrote: »

How many threads do you need about how and what a landlord can claim from your deposit? Have you read the sticky at the top of the board about Tenancies in England/Wales?

I have read the sticky and my question is not answered over there. Also, this thread asks a very specific and different question from the other thread.

Pixie5740

sam.ssrs wrote: »

I have read the sticky and my question is not answered over there. Also, this thread asks a very specific and different question from the other thread.

Jesus wept! In what way does the sticky not answer your numerous questions? The onus is on the landlord to prove any deductions are reasonable. Use the deposit scheme to reclaim your money.

need_an_answer

I am a LL currently "in dispute " with my leaving tenants over deposit deductions.

Its a simple process to dispute,ours is with DPS

I sent the tenants check out report and logged with DPS the items I wished to claim for.

The tenant was then sent that information and simply had to either tick yes or no whether they agreed with the deduction...on those where they agreed with the deduction the amount was added up and the deposit minus the non agreed element was returned to them by BACS I believe in 3 days.

The items they disagreed with they were asked to submit their evidence as was I and an adjudication will be made within the next 10 days based on the evidence we both submit.

Its a simple process really and each deposit service offers something similar...you don't need to speak to the LL all communication is via the service and you certainly don't need to speak to the new tenant.

That's just making work for yourself....

saajan_12

sam.ssrs wrote: »

My landlord has taken more than 2 weeks to send me the checkout report. - do you mean just a list of damages or costs too? It can take a while to get quotes, check prices etc so weeks isn't extremely long. While I was wondering what is taking him this long, I spoke with the new tenant. I have confirmed with the new tenant that a number of items are included in the checkout report after he reported them to the landlord. - and? Any damages during your tenancy should be flagged to you. Of course the LL may need to demonstrate they weren't caused after you left or by the new tenants, but who reports it isn't directly relevant.. could be the LL, LA, inventory clerk, new tenants, another agent..

Can landlords do that legally? - yes. Obviously, what someone living in the property can spot over a period of 2 weeks is far greater than what a checkout clerk can spot in his 45-minute visit. - obviously. Were you hoping to escape some charges because they're sufficiently hidden and difficult to spot within 45min? Its not meant to be a game of 'what can you spot in 45min', but a true reflection of damages, whenever they are spotted. I am now being chased with unreasonable demands to replace a number of things which should be fair wear and tear. - that's a different issue.. something spotted during a formal checkout could be wear & tear, or equally something spotted weeks later could be negligent damage.

It's not a game of 'what can you spot in 45min'. Any damages or excessive wear & tear caused during your tenancy should be flagged to you, whoever they are spotted by.

The checkout report is a convenient summary, but there's no formal rules on how it must be produced. Of course a report with pictures dated the day after you move out by an independent inventory clerk leaves much less room for doubt than points raised weeks later once someone else has been living there, who has an incentive to say the damage was pre-exisiting. However that is for an arbitration scheme to decide how much they believe the evidence.

SmashedAvacado

If items are spotted weeks after you have moved out it raises the question of when the damage occurred. How can they / you be sure they were damaged during your occupancy. That's the point of a check out - there can be no argument about timing - if something is spotted later - then you could ask them to prove this was you and not them / their new tenant / their agent.