Tenancy ending on a Sunday - Checkout advice please

Momanns

Hi all,

It's been my first time renting and our tenancy is due to end on Sunday 15th. I would like to be present at the checkout which has been booked for the Monday 16th. The Lettings Agent have stated as the tenancy ends on the Sunday we would need to pay an extra day for the 16th so we are still in possession of the keys and have a right to be in the property.

We have had numerous issues with the property which is dated and in need of upkeep. The Lettings Agent is 30/40 minutes away despite their being a dozen Estate Agents in our local town centre a few minutes away. This is one of a few red flags I have about the experience and although I could be wrong, I'm nervous around this process and potential "claims" by the landlord re the deposit.

Is this correct re the checkout process?

I will be taking photos/videos etc and have family helping that weekend to help clean etc so will take every precaution possible. 

Thank you

user1977

If the tenancy ends on Sunday then you're entitled to vacate it on Sunday. Having a "checkout" on a working day isn't an implied term of the contract.

Momanns

Sorry if not clear - I'm happy to vacate on the Sunday. I would like to be present on the Monday checkout but Lettings Agent has said we can't attend as the tenancy will have expired. Given our dealings with them, I would very much liek to present as the checkout

user1977

You don't have any right to be there or for there to be a "checkout" at all. You deal with any claims the landlord has if and when they arise.

Momanns

I am of the understanding there has to be an end of tenancy inspection/checkout. Are you saying there isn't? How would the deposit scheme work if landlords/agents didn't inspect the property

EssexHebridean

Could you politely put it to them that you are not looking to "still be in" the property at the time of the inspection following departure, but that you are simply asking that you would like to be present at the point that happens in order to avoid any ambiguity along the line around any charges that might be raised...?

Brie

I would suggest a video or a substantial number of photos to show the state of the rental on your final day there.  Time and date stamped.  That way if they come back and say "deducting £££ due to hole in wall" or similar you have proof to the contrary.

user1977

Momanns said:

I am of the understanding there has to be an end of tenancy inspection/checkout. Are you saying there isn't? How would the deposit scheme work if landlords/agents didn't inspect the property

They don't have to inspect the property at all - but obviously they would need evidence if they want to deduct anything from your deposit. They can inspect the property without there being a special checking-out ceremony attended by all parties. And if they are minded to make false claims about damage etc, they could do so even if you were at a checkout. I wouldn't get very excited about it if you have your own evidence about the condition of the property.

saajan_12

This is an area thats a bit murky.. Their ask for an extra day's rent is largely made up - if both sides agree then its fine but if not then there's no real concept of a day's rent and you don't have to have possession to be invited in for an hour on the Monday. However while a check out with tenant in attendance is good practice, its not legally mandatory. 

Taking a step back:

IF they want to deduct anything they have to demonstrate damages, and a good (best?) way of doing that is via a signed check in inventory and a check out inspection which the tenant is invited to. 

They may not have any deductions, and if they do its not the ONLY way, they could show receipts of new items and dated pictures or an admission from you that xyz was damaged for example. 

If you disputed the damages, then the lack of a check out inspection which you could verify might stand against them. 

What to do: 
State in writing that you will vacate as agreed by the tenancy end date on Sunday and ask that a check out inspection be arranged within that time or on a date when you are invited just for the visit. 

Then if they still refuse, then let it be and deal with the damage claims as they arrive. If none that you dispute, then no harm. 

RAS

You need to return the property to the LL in the same condition in which you received it, less fair wear and tear. If there have been unresolved issues, there may be more wear and tear than usual. The LL isn't entitled to betterment. Basic damage caused to a 10 year old carpet will not attract a deduction unless the carpet was very high quality. 

Do you actually have a clear incoming inventory, preferably with photos done by the LL?  If not, the LL can't successfully claim any damages as they have no evidence of the condition in which you received it.

Do you have evidence of all the numerous issues you raised regarding upkeep? Emails, letters etc? Even saved texts?

Are you aware that it's not unusual for outgoing inventories to done a weeks or more after the tenant leaves?

Before you leaves, take photos or video of every room, including tops of cupboards, skirting boards etc. If you've got an incoming inventory, try to replicate that. Take a good look at the oven and cooker photos now as that seems to be one risk area. It may be worth completing a room, recording and then closing the door.

The following day reclaim your deposit for the scheme, in full. The LL then has to claim any deductions. You can refute those using your own evidence, that the scratch on the paint work was on the incoming inventory, that you warned about the drip on this date, but nothing was done, that your photo shows no dead flies on the window sill but the inventory was taken 12 days later.

Then come back for more advice.