Moving out of rented property...complicated, help!

ChrisH

Hi guys,

Really hope you can help me with this one.

I’ve handed in my two months’ notice to the Letting Agency today to vacate the rented property I’m living in. However, it’s come to my attention that I may be stung for a few things.

To cut it short, I moved into the property in August 2007. I replaced somebody that vacated the property (on a periodic tenancy), and signed an agreement that I would take over their responsibilities under the terms of the AST as the LA didn't have time to create a new AST. Stupidly, I didn’t realise that this also applied to the inventory!

I discussed this issue with the LA, who advised me that this is a standard procedure and that they would take into consideration fair wear and tear etc when we moved out. At this point, I asked to see a copy of the inventory and was advised that as the property was a new conversion when the original tenants moved in, there was no inventory.

Now, when I moved in, the property was in a complete state – which both the landlord and LA have seen (as the landlord lives next door). Since I moved in, I’ve had to re-paint the entire flat and scrubbed every surface clean.

However, there are several problems with the flat which I’m worried that deductions are going to be made for things that were not caused by myself, such as a few scratches on the worktop, cracking tiles in the bathroom (though this appears to be a structural issue rather than impact) and deep scratches in the hallway due to furniture being moved etc.

Now, I know that the agreement I signed means that I am responsible for damage caused by the previous tenant, but surely the attempts I’ve made to bring the flat back to a decent state should be taken into consideration?

Also, if the worst comes to the worst and my entire deposit is deducted (for example), would I have any recourse due to the lack of a signed inventory?

Also, before I forget - the flat has also been smoked in by the current/previous tenants.

Now I don't smoke in the place (although irrelevant) - if the tenancy agreement doesn't state anything about not being able to smoke in the flat, can they charge for fumegating etc?

I'm in two minds myself whether they can or not - ie: I assume they can to restore the place back to original condition.

I'm not looking to fleece the landlord by any means, I just don't want to lose all my deposit when I've improved the flat if that makes sense!

And lastly, I was a little stupid and didn't take pictures of the place when I moved in, so it'd be verbal evidence - and perhaps copies of the e-mails I sent to the landlord re: painting, carpet stains etc...would this hold up, or due to lack of evidence on my part, would I be liable for the old tenant's damage?


The managing agency is a little sloppy to say the least.

Thanks for your help.

Regards,
Chris

otter1_2

bump

I don't know what the answer is but figured you still need help. What exactly do you have in writing from the Letting Agent?

I am a bit suspicious that a professional letting agent would struggle to create an AST agreement in time for you to move in. Did they not expect to get a new tenant? Do they not have a standard form document into which they then drop names, dates and figures?