Could no inventory affect deposit?

[d211uk]

We've just moved into a new property and paid an enormous deposit. However the landlord hasn't given us an inventory to fill out stating the condition of the house when we moved in. Should we do one ourselves and send it to him anyway, or leave it? If we don't fill one out is there any way he could retain part of our deposit at the year end?

 

He's a really rubbish landlord (done through an appauling estate agents), the house wasn't even ready for us when we moved in, it still hadnt been cleaned or painted. We took some photos of the dirt when we moved in.

 

If someone could please advise us on how to ensure we'll get all our deposits back I'd be very grateful thanks!

[Jeanjaquessmoothie]

Do an inventory yourself, take pictures of the condition of the house (as you've already done some). Make sure you get some of every room. You need to make sure either:

 

1. The date is on them when printed.

2. Try and get a newspaper with the current date in the pictures.

 

If you don't fill one out, then you've got no point of reference of the condition of the property when you moved in.

 

Do 2 copies, one for you and one for the landlord.

 

HTH.

[rosysparkle]

Your deposit has to be protected in one of the three schemes, and you must get confirmation of this protection within fourteen days of the commencement of the tenancy. The reason I mention this is that we had some paperwork from the TDS (The Dispute Service) which states that if there is a dispute about the deposit which goes to them for arbitration - ie if tenant and landlord don't agree on proposed deductions, they will in almost all cases use the maxim "no inventory, no deductions".

 

In your own interest, you should record the condition of the property & fixtures & fittings (& furniture if you rented furnished). Take pictures and set the camera to datestamp the pics.

[Shanks]

You really must try and get a proper inventory completed. Without one, come the end of the tenancy it will become your word against his on everything.

 

Some landlords are fine but if the agreement has started this way it doesn't bode well for your deposits. I would start by asking what the landlords plans are in this regard. It does offer protection to both parties.

 

Ideally you need to photograph everything, especially if there is any existing damage, this includes areas of wear in carpets and stains/marks on floorings etc. Itemise everything that was left in the property when you took over including how many cups, plates etc with pictures of any that are cracked or chipped. Include any outside areas, so you can refer back to how well/unkempt the gardens areas are if you have them.

 

hth, post back if you wouold like any further information. Cheers

[MrShed]

I disagree with all three above posts - no offence guys! Doesnt affect the tenant in the slightest if there is no base condition to compare with at the end of the tenancy - the landlord must prove damages, not the tenant prove there arent any. Therefore, a inventory is PURELY for the benefit of the landlord, and as such if the landlord does not prepare and supply one, I certainly would not be doing so as the tenant.

[Shanks]

Good morning Mr Shed, and no offence taken at all Although you will probably not be surprised that I respectfully disagree with you on this.

 

You say that

[lack of an inventory] doesn't affect the tenant in the slightest

and

a inventory is purely for the benefit of the landlord"

 

The OP has already remarked that the estate agents were appalling and that the landlord was rubbish. I would say he can ready himself for the likelihood that at the end of the tenancy the landlord will decide to withhold all or part of the deposit because he feels the property needed repairs etc. and furthermore I would expect absolutely no support from the agent on this matter.

 

Ideally the OP should have an inventory provided by the landlord and I would still suggest that in the first instance he requests one. If the landlord refuses then imo it would be in his best interest to draw one up and provide a copy to the landlord for comment. I appreciate that it is not a legal document and he could just leave it, but having one must strengthen his position when the landlord keeps the deposit and ignores letters requesting repayment. The OP could take action against him, but this is very often a long drawn out process and all the time the OP remains out of pocket and posibly short of much needed funds to pay another deposit elsewhere. He did indicate that the amount involved here was enormous.

 

Having a full inventory will, without doubt have an impact on the duration and outcome of any disagreement (legally or otherwise) concerning the condition of the property and contents at the start of the tenacy, and thus has to be of benefit to the OP.

 

Cheers

[MrShed]

I agree to an extent - suppose it depends on which way you look at it. I am looking at the ultimate, legal, resolution. No deposit means no deductions, so legally you are bound to win, although it could be drawn out. If an inventory does in fact show the landlord is in the wrong however, then it could speed up the process, as the landlord will see he is wrong, so in this respect I agree with what you say.

 

I suppose my sum up, is that we are both correct, depending how much you are prepared to trade off guarantee of entire deposit against time taken to retrieve it

[Shanks]

very well put MrShed. d211uk I think it is your call....

 

Cheers all

[MrShed]

Merci Shanks

 

Should be noted also that due to the new TDS, that this deposit must be put into, it may back up my position somewhat, as it makes it somewhat easier to recover the deposit in a legal sense.

[rosysparkle]

Should be noted also that due to the new TDS, that this deposit must be put into, it may back up my position somewhat, as it makes it somewhat easier to recover the deposit in a legal sense

As I said above - no inventory, no deductions :grin:

 

d211uk - have you had proof of how your deposit is being protected?

[Esio Trot]

The whole point of a report is to provide evidence at a particular point in time of the contents, fixtures and fittings and and condition of them and the premises.

 

If there is no report then there is no evidence on whether the premises are better or worse at the end of a tenancy than at the start of occupation. It follows then for this reason there can be no deductions from a deposit for damages - who is to say if the damage was done prior to occupation or not? Should the matter ever go to court the judge will want evidence from the landlord to "prove" the deductions. No evidence - no deductions.

 

=====================================

 

The major query has to be deposit protection. d211uk should not do anything at this stage, simply examine the tenancy documentation carefully. If the deposit is not protected within 14 days and the tenants are not given the statutory "prescribed" information, they are onto a winner.

 

All they have to do is wait until they leave then issue a court action for failure to comply. BINGO, they will be awarded 3 x their deposit. Draconian I know, but that is the law as I understand it. Shame not all landlords appreciate the "don't do it - you're buggered" terms of the regulations.

[d211uk]

Yeah I read on a gov website about the new law re protection of deposits, and how they have to pay us back our deposit x 3 if it's not protected. Will email the landlord asap to find out if it's protected.

 

Also have spoken to a few people who seem to think it's a good thing not to have an inventory, as it's up to the landlord to prove that any deposit deductions are justified, ie with photos of the property etc. We've got a couple of photos taken on our moving in date showing that the property wasn't clean and ready for us to move in, at least. Without an inventory it doesn't look like the landlord's got anything on us! Though will def check it out further...

[Esio Trot]

.... Will email the landlord asap to find out if it's protected.

 

Not a good idea.

 

It is up to the landlord to provide the information, not for you to chase. If you are not told it is protected and where, you are on a winner.

 

Bide your time. Keep the relationship sweet, then once you have left you can act without risk of repercussions. It also means any s21 notice already issued is null and void. You landlord cannot terminate the tenancy at all unless, for example, you are in rent arrears. He then has to use the s8 procedure.