Unbelievable..£250 to take inventory....

[ony]

Myself and my girlfriend recently vacated a rented accomodaton we have been staying at for over 3 years. after teh 1st year the tenancy agreement expired and was never renewd. We maintained payment but the landlord was slow to make repairs. Anyway I've never trusted them.

We were given 2 months notice (by 1st September) but agreed to leave early as we found a new place. We paid the landlord 2 weeks rent and all was fine. Now my girlfriend who is dealing with them to get the deposit back, as I dont trust them and have a short fuse, has received a txt message saying the we have to pay for someone to take the inventory at up £250???

a) We never paid for inventory taking on entering the flat so if there is a cost should fall to the landlords?
b) £250 to take inventory are they serious, is this reasonable??
c) on entering the flat we were promised an list of inventory but were never provided the list. I asked for it but it was never supplied and recently after again asking for a list of inventory I was informed that 'I should relax and everything would be dealt with in the proper manner'. At which point I was going to fly off the handle and my girlfriend took over to be more friendly and get out money back. So no inventory list, (one was taken by the then agents so they should have it) and a copy needs to be provided. Am I correct?

Any other advice most welcome.

[MrShed]

Too much money anyway, and completely unjustifiable if an inventory was not taken upon occupancy of the property.

[ony]

An inventory was taken but no copy was provided despite repeated requests and since we first moved in the landlords have changed agents 3 times. Now they are working under their own company and methinks they are trying to pad the charges. Where can I find a reasonable quote given that your reply suggests that a fee is indeed due?

[MrShed]

Well, I would say max £50, but most LLs wouldnt charge. It is open to debate whether the landlord can charge for this or not TBH. I do not think they can, but a respected member here(Esio) thinks they can, so I am going to err on the side of caution and say they can until I find out more definitively.

[blitz]

Did you see and sign the inventory on the way into the property or at any time? If they can charge, then they can only charge a reasonable amount, unless it takes over a day to check a house then it is most unreasonable.

[ony]

On entering the property an inventory was taken and we agreed on it. At the time the person taking the inventory was to send me a copy by email but never did despite me chasing them up on it.

Ok, now I know somethings off: the landlady advised my girlfriend that she got it down from £500 to £250 for us. She allegedly says she paid £500 to have someone do the inventory which is ridiculous.

Its a two bedroom maisonette and it took less than 30mins to do the inventory when we moved in.

They have our deposit: I will ask them to supply a) signed inventory document. If they dont have it then what? b) replacement inventory clerk.

[blitz]

markrisUK ltd
Capital Inventories
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There are some prices for London/Guildford for check out services, just under £100 for the type of accommodation you have. Seeing as those should be some of the most expensive in the country, I would say MAX £100. If you do end up footing the cost, make sure you get a receipt from the clerk so its not the landlord trying to make actual money.

[Esio Trot]

Originally Posted by MrShed

Well, I would say max £50, but most LLs wouldnt charge. It is open to debate whether the landlord can charge for this or not TBH. I do not think they can, but a respected member here(Esio) thinks they can, so I am going to err on the side of caution and say they can until I find out more definitively.

A check out is a lot less time-consuming than creating the original inventory, thus should be cheaper (our guy reduces this to half of the original cost). £50 is an average price.

In all things, fairness should be a key term to think about. It is fair to charge the OP £250 (or even £500!) if these were in the terms of business they were given an opportunity to see before committing themselves to the tenancy. It is not fair to announce this charge at the end of the tenancy, without reference to a published scale of fees. (It is similar to the Mortgage Exit Fees - where lenders started to increase them willy-nilly without reference to the published fee when the mortgage was taken out).

Yes I do think, and our business operates on this premise, that landlords pay for the inventory; tenants pay for the check out. HOWEVER, both fees should be transparent - that is, published and in the public domain of the agents.

[ony]

Originally Posted by blitz

markrisUK ltd
Capital Inventories
7-11 Inventories, Inventory clerks, inventory clerk, INVENTORY CLERK, INVENTORY CLERKS, inventory service, Letting Agents services, letting agents, letting agents in my area, independent inventories for rented property, inventory clerk service, priva

Originally Posted by Esio Trot

A check out is a lot less time-consuming than creating the original inventory, thus should be cheaper (our guy reduces this to half of the original cost). £50 is an average price.

In all things, fairness should be a key term to think about. It is fair to charge the OP £250 (or even £500!) if these were in the terms of business they were given an opportunity to see before committing themselves to the tenancy. It is not fair to announce this charge at the end of the tenancy, without reference to a published scale of fees. (It is similar to the Mortgage Exit Fees - where lenders started to increase them willy-nilly without reference to the published fee when the mortgage was taken out).

HOWEVER, both fees should be transparent - that is, published and in the public domain of the agents.

Blitz & Esio your comments/advice is very much appreciated.

What to do it they dont have the original inventory (well considering they allegedly paid £500 for it then the clerk would have retained the the original)?

[MrShed]

Sounds to me as if they are not charging you for the check out, but for the new inventory....subtle(and expensive!) difference. Is there anything in the tenancy agreement and/or other paperwork mentioning such charges? Has anything been verbally mentioned to yourself regarding this? What exactly does the tenancy say regarding the deposit? Can you post the exact wording.

[ony]

The clause reads;

7 (iii) It is understood when an independent inventory clerk is required by the Landlord that the Landlord will be responsible for the check in report and payment and the Tenant is responsible for the check out report payment on the day the tenancy ends. The inventory clerk' details can be obtained from the Landlord.

Ok see we hunted around took advice from here and even asked our new landlord inventory clerk if £250 is reasonable and everyone said no. We told her (landlord) as much and she told us that 3 years ago when we moved in it cost her £500 and she got us a deal (yea right). We disputed the £250 then she says ok you pay £150 and I pay the rest..... (This stinks...)

I then asked for the inventory clerks details. She advised (via txt) that the clerk would contact us by phone. the next day she says she doesn't feel it necessary that we speak to the clerk despite the fact that the clause clearly states I can get the details from the Landlord. (Is she for real..)

Now when we moved in we signed a single inventory list and was told a copy was to be sent to us. It never came. Over a month ago I asked tehm for a copy, they didnt respond. Now I have again asked and asked them to fax me a copy of the original signed inventory list. They still havent. Instead the have instructed the unregistered inventory clerk (£250) to come around and take inventory from a list that is not the original. If it was they would send me a copy.

I told them by txt and am now writing a formal letter saying that we do not agree to £250, teh clerk is not independent and registered and since they have not provided me with the original inventory listas proof against which inventory can be taken I will not pay for it. And should they decide deduct the £250 out of my deposit I will initiate a claim against them in the small claims court where 'the truth will out'. I will also require the deposit be returned within 10 days if we do not receive it by that time i will take the matter to court where I will ask the court for the deposit, plus interest earned on my deposit, any cost incuredin pursuit of the return of the money and compenstion for un-necessary distress, we will also require sight of the check out report and the details of the company who produced it. further any deductions must be itemised and receipts provided. if we find any irregularity redress will again be actioned via the courts.

What really ****es me off is that we have never missed a payment in 3 years have kept the place tidy and this person thinks the can just screw with us and we will roll over and let them.

[MrShed]

I would ask her for a copy of the receipt for the check OUT report...

[ony]

That too...

[ony]

In a bit of a rush so not too sure whether I should post this. The situation with landlord has gone very bad. They have not provided the original inventory list, have undertaken repairs and are asking for more money. i sent the template letter in this forum asking for evidence of dilligence with our depoist i.e putting in seperate account etc, original inventoy, proof of certification of inventory clerk and quotes from companies alleged doing the repairs (the husband is an interior decorator) but nothing.

What and where are the POC for initating court proceedings against an errant landlord?

thx

[ony]

The Claimants believes and contends that:

• The Defendant with no fault of the Claimants failed to produce a true copy of the original inventory list taken at the time the Claimants entered the property. And despite repeated request by the Claimants for a copy for the original inventory list the Defendant ignored the Claimants request and subsequently proceeded to charge the Claimants for cost falling within the alleged inventory list further making deduction from the Claimants deposit under the premise of said items being on the original inventory list without providing evidence and proving which items and the value of said items were actually in the original inventory. The Claimants therefore asks the court to compensate the Claimants for any charges the Defendant may have taken from the deposit including interest over the lifetime of the tenancy at 14.9% or at rate specified by the court.
• Despite repeated requests from the Claimants and first agreeing to provide details to the Claimants the Defendant later declined and then refused to provide details for the independent inventory clerk to contrary to Section 7 (iii) of the Tenancy Agreement which states “The inventory clerk’s details can be obtained from The landlord”.
• The Defendant appointed an uncertified and unknown inventory clerk to carry out the inventory check and as a result the Claimants refused to accept all the conclusions made by the inventory clerk in their document entitled “ Inventory of Contents and Schedule of Decorative Condition” dated 10th August 2007.
• The Claimants also notes the disclaimer on the document entitled “ Inventory of Contents and Schedule of Decorative Condition” dated 10th August 2007 which states “ provided by the alleged inventory clerk which states “the person preparing the inventory is not an expert in fabrics woods materials antiques etc nor a qualified surveyor. The inventory should not be used as a full description (i.e. for insurance purposes) of each and every piece of furniture and equipment, nor as structural survey”.
• The Defendant failed to adhere to good practice by keeping the Claimants deposit in a separate account or providing the Claimants with written statements detailing exactly what the deposit covers and when the money was to be returned.
• The Defendant refused to provide the Claimants despite the Claimants repeated requests for details of a satisfactory professional cleaning contrary to Section 7 (iv) of the tenancy agreement which states “the professional cleaning companies details can be obtained from the Landlord’. The Claimants then hired what they thought were suitable cleaners. Later in exiting the premises the Defendant’s then miraculously found a professional service and proceeded to charge the Claimants for professional cleaning services despite the Claimants earlier attempts to do so. The Claimants believe therefore that any charges made by the Defendant should be repaid.
• The Claimants contends that the Defendant has sought to replace items used items with new items and rectify original structural faults within the property that were not immediately present or visible on entering the property.
• The Defendant failed to offer the Claimants with the opportunity to make remedy to any complaints/charges laid out in their schedule report. As a direct result the Claimants was refused the opportunity to remedy any damages that were allegedly made.
• The Defendant refused to provide the Claimants with written quotes/estimates for any work undertaken. The Defendant claims that 2 quotes were arrived at but has refused to furnish the Claimants with either the quotes received or the names of the companies from who the quotes taken.
• The Defendant then undertook the work without prior consent of the Claimants deducting the cost from the Claimants’s deposit held without prior consent from the Claimants.
• Further contrary to any assertions made by the Defendant the Claimants did not run a business from the property. Indeed at the outset of the tenancy the Claimants Leslie Onyesoh outlined to Simon Milner Moore that he would use the address as an administrative address only. At no time has the property been used to run a business or generate income from this address. The address has only been used for administration purposes only with the registered corporate address being held elsewhere.

Does any of this make sense??

[Esio Trot]

Whilst most of your comments are valid, most do not equate to a financial loss.

If you go to court it is to seek financial redress.

All you need to list is the deductions and the lack of ingoing inventory and condition report.

As there is no basis to state the property was better or worse than when you moved in, there can be no deductions.

You can strip out 90% of your post and still win. Keep it simple.