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Move out- right to be present for check out inventory

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837 views 1 replies latest reply: 26 February 2016

I will be moving out from a rented property on 18 March. I requested the right to be present for check out inventory, but I was informed that this is illegal for tenant to be present in the flat during check out. Check out has been booked for 19 March. Is LL right? Do I have right to be present.

Also, before I moved in, LL asked same inventory company to compile check in inventory and he sent me that document to signed after I moved in. Unfortunatelly report I didn;t agree to the report (it looks like same company was doing inventory check for many years for same LL) because it contaned lots of stuff in the report that was not in the flat when I moved in (example: 2 wall clocks while there is one, more wall pictures etc.). There were lots of discrepencies. I said to LL that Company should correct report but he said that I don’t need to sign and it is valid without my singature !! I shouldn’t ignore this like that 2 years ago, but I was busy with my work and now when I am moving out I am a little bit stressed. 

So 2 questions:

1) Do I have right to be present in the flat?

2) If company say that I removed e.g. 1 clock from the flat, what to do? I have e-mail evidence that I sent to LL with a long list what’s missing and also first minute I did after moving in was to take photos (around 500) and I uploaded then to Google Drive, so it has upload timestamp.

Thanks for your advices

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Hi Tom

Wow, illegal?! No it’s definitely not illegal and that’s a terrible/deceitful agent who has said that to you. Perhaps ask them which piece of legislation makes it illegal for a tenant to be present (in order for it to be illegal it must be mentioned in a piece of legislation/law) – most legislation is in place to protect tenants so that just isn’t the case.

It’s very suspect that they don’t want you there for the check out and there’s also this mix up with the check in. I’m not a lawyer but your email to the landlord would be proof enough of the issues you raised when you moved in.

The main thing here is the deposit. Presumably they are going to try and claim a larger proportion of that than they are entitled to by fiddling the check in and check out. You should mention to them that not allowing you to be there during the check out weakens the check out inventory and if it has to be used in a deposit dispute it will better support them if you are present. If you’re not there and they’re noting damage you don’t agree with, there’s no way they can prove that the damage wasn’t caused after you handed back the keys.

Personally, I would do my own inventory – take photos (make sure they are time stamped) of all areas of the property, particularly any where you have done a little damage or where there is wear and tear (they can’t take wear and tear from your deposit). Go around with the check in inventory and amend it to show the state on check out. Send that via email to the agents just before you hand the keys over and include in the email the time you’re handing over the keys. Then, if they do try to make ridiculous deductions, raise a dispute with the tenancy deposit scheme protecting your deposit and the landlord will have to prove the right to make the deductions.

And if they tell you that’s ‘illegal’ just laugh at them!


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