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inventory rights

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408 views 1 replies latest reply: 07 September 2015
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Tenant

Moved in with my friend recently and his girlfriend moved out. 

Their 6 month tenancy came to an end and we signed a ” creation” of short hold tenancy for another 6 months.

6 months down the line it is time to move out. An inspector comes in to check the inventory and I note it’s the inventory from my friend and his girlfriend 6 months not the 6 months I was there.

He points out some damage to the walls etc which has always been there since I’ve known but says it’s generally fine. 

The landlord then does their inspection and says there is loads wrong.

When I moved in no inventory was done so I have nothing to go by. There was no deed of assignment done so none of her responsibilities were assigned to me. 

As you can imagine I am reluctant to do the work as I did not cause any of the damage. 

Should they legally of done an inventory on my new agreement ?  There is a monetary value of 150 £ + vat on my tenancy agreement for an inventory clerk also – is it illegal to be in my agreement and not being done with them expecting me to pay once the clerk had done his inspection.

Any ideas where I stand ? Letting agents say I will need to do all works or it will be deducted from my deposit.

Please help

Marc 

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Administrator

Hi Marc

I’m not sure what you mean by a ‘creation’ – what kind of document is that? I’m a bit confused as to how you can be liable for anything if her responsibilities were not assigned to you. 

In terms of your deposit, firstly, that money remains yours until you agree to a deduction from it. You should find out which deposit protection scheme is holding your deposit and familiarise yourself with how to raise a dispute with them as you don’t agree with the deductions being your responsibility. They will require proof of the damage provided by the landlord and the landlord will need to show that the damage happened during your time in the property. Agents never tell you this as they prefer to let tenants believe that they have no option but to pay what is demanded – but you do. If the deposit isn’t protected and you have an assured shorthold tenancy then you can make a claim against the landlord for 1-3 times the amount of the deposit as protecting the deposit is a legal requirement for that kind of tenancy.

It’s worth bearing in mind that you can only be charged for damage – so, if the agent is trying to get you to pay for ‘redecoration,’ for example this isn’t what your deposit is for.

In terms of the inventories, it’s not illegal not to do an inventory – this is something that is in the interests of both the landlord and the tenant so both should insist on it as it records the state of the property at the time the tenancy started. Did you actually pay for the inventory clerk or is it just written in the agreement? If you did and the check in inventory was never done then you would have cause for complaint.

It’s difficult to provide a full reply without more information but hopefully that helps.

Alex

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