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I have rented for 5 years and the landlord has failed to repair leaking roof for the last 18 months. I gave notice to the letting agent, they sent a letter asking me to return the keys on the checkout date to their office and they will then do the checkout the day after, without me being present.

I told the agent if they don't attend on the day, send the landlord ( sent letter to landlord) and if he can not make it I will take the keys to his home or place of work, Can I do this?

The agent, the landlord is now using is a different agent to the one that I signed the agreement with, I have not signed any agreement with this agent. But they have sent a list of things I must do, i.e. professionally clean carpets and oven, yet this was not done when I moved in. Should they go on the old agreement?

I have a copy of the inventory check in, and deposit protected.

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Remember that you are renting from the landlord, not his agent.

You will have signed an agreement at the beginning of the tenancy, and this is what you should go by.

However, if the cleaning items are on the agreement, and you feel they had not been done before YOU moved in, you should have raised that 5 years ago. It's a bit late now.

The leaking roof is useful for any negotiations, but does not directly affect these items.

I would suggest you demand to be present at the checkout, even if this means you have to agree a different mutually-convenient day.

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I have rented for 5 years and the landlord has failed to repair leaking roof for the last 18 months. I gave notice to the letting agent, they sent a letter asking me to return the keys on the checkout date to their office and they will then do the checkout the day after, without me being present.

I told the agent if they don't attend on the day, send the landlord ( sent letter to landlord) and if he can not make it I will take the keys to his home or place of work, Can I do this?

The agent, the landlord is now using is a different agent to the one that I signed the agreement with, I have not signed any agreement with this agent. But they have sent a list of things I must do, i.e. professionally clean carpets and oven, yet this was not done when I moved in. Should they go on the old agreement?

I have a copy of the inventory check in, and deposit protected.

my dad is a landlord (not the BTL variety), some of the stuff he's had played on him you wouldn't believe.

the causes of max accidental damage are:

1)upstair tap running & resulting water damage, this could be the result of a broken pipe/blocked overflow

2)drain damage, once he had 5000 worth of damage after concrete somehow found it's way into the rear drain

3)a gas explosion, well this will just pop roof right off

good luck

ps if the resulting water leak were to damage any of the tenants posessions, the landlard can be sued for the damage his building caused as a result to his neglect/maintainance

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Make sure that everything is in writing. Then if you need to take it to court or arbitration there is a paper trail.

Yes, the original agreement is that one that stands. If it was not professionally cleaned etc when you moved in, and there is no clause in the original agreement, they don't have a leg to stand on. You should have a copy of the original inventory and have noted it at the time.

When I have taken similar case to the small claims court when a LL refused to pay back my bond, the onus was on him to prove that the flat had been professional cleaned. As there was no inventory that stated this and signed by myself, he could not force a clean. I had written my own comments on the inventory and kept a copy.

Your request for the checkout time and date should go to the LL and the agent. If you need to go to the small claims court or arbitration, you sue the LL. Therefore it needs to be plain that you requested a date/time and they refused to either do it themselves and their appointed agent also refused.

All letters must be sent recorded delivery.

Then if you go to court/arbitration, their case is further weakened as they didn't meet you for the checkout or allow your input.

That's what has worked for me at the small claims court anyway. I found it tenant friendly.

Edited by Flopsy

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I have rented for 5 years and the landlord has failed to repair leaking roof for the last 18 months. I gave notice to the letting agent, they sent a letter asking me to return the keys on the checkout date to their office and they will then do the checkout the day after, without me being present.

I told the agent if they don't attend on the day, send the landlord ( sent letter to landlord) and if he can not make it I will take the keys to his home or place of work, Can I do this?

The agent, the landlord is now using is a different agent to the one that I signed the agreement with, I have not signed any agreement with this agent. But they have sent a list of things I must do, i.e. professionally clean carpets and oven, yet this was not done when I moved in. Should they go on the old agreement?

I have a copy of the inventory check in, and deposit protected.

The main problem apart from the leaking roof is the change over of agents. The new agent either demands properties are cleaned before and after, but have little say in this case or they are trying to get in the landlords good books by having the property cleaned at no expence to the landlord.

The original agreement stands and as long as you leave the property in the same condition has you found it minus wear and tear over the period that you have lived there.

The new agent should be there for check-out although I suspect they are just finding a tenant.

I would also take digital photo's of everything when you leave just in case the agent or landlord tries something on. If the landlord has not repaired a leak in 18 months, then I would imagine he is not to be relyed on too much.

Also take pictures of the new property if it is also rented. Better to be safe than go through this again in the future.

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I have rented for 5 years and the landlord has failed to repair leaking roof for the last 18 months. I gave notice to the letting agent, they sent a letter asking me to return the keys on the checkout date to their office and they will then do the checkout the day after, without me being present.

I told the agent if they don't attend on the day, send the landlord ( sent letter to landlord) and if he can not make it I will take the keys to his home or place of work, Can I do this?

The agent, the landlord is now using is a different agent to the one that I signed the agreement with, I have not signed any agreement with this agent. But they have sent a list of things I must do, i.e. professionally clean carpets and oven, yet this was not done when I moved in. Should they go on the old agreement?

I have a copy of the inventory check in, and deposit protected.

You're only obliged to leave it in the same condition as you found it. Minus fair wear and tear, which after 5 years can be considered an awful lot.

They need to prove any deductions they make, there is no burden of proof on you.

They will still try and screw you, just ignore it and start the procedure for small claims court. Don't pay for an inventory, don't reply to any item by item lists of deductions (they are trying to trap you with this).

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And send a Letter before action (titled as such) to the address in your tenancy aggrement, if the address in the aggreement is wrong, you don't owe any rent;

Letter before action

Dear [landlord]

Re: [flat/house xxx]

With reference to the above property

Between [start date] and [enddate] we were tenants of this property. During this time we have never missed a single rent payment and believe we have been good tenants

Since vacating the flat we have provided receipted bills to your agents to show that we have discharged our obligations with regards to utilities etcetera. The property, as per our contract, was left in the same condition as it was found, minus fair wear and tear. Your agent has been less than reasonable in their dealings with us of late so we are writing directly to you to demand the immediate return of our full deposit of ££££.

If this money is not received in its entirety by the [some future date, say a month from now] we will be making an application to court to obtain a county court judgment (CCJ) against you for this amount plus any court costs we accrue in the process

We look forward to receiving full payment of our deposit presently.

Yours Sincerely

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Many thanks doc and all others that replied,I did get an inventory clerk to come out today,she did say 70 but charged 45pound, and property was in good condition. For peace of mind. Cant afford to lose 925 pounds. I have sent landlord letter by recorded delivery, to day telling him if he or his agent don't turn up, at stated time, I will return the keys to his home or place of work.

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Already paid ,checkout yesterday,either landlord, or the agent,didn't turn up, no inventory done by them. Had phone call from agent saying,no one will be meeting you at the property,bring keys to office. Couldn't fined landlord address, forgot to take map, Took keys to,agent, who asked for my forwarding address, to make sure all utility bills are paid,told him that was my responsibility. He asked again for address saying they need it to pay back your deposit, I just left. Applied to get deposit back this morning,let you know what they try on.

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Already paid

Don't forget to demand one month's rent payment is refunded to you if it's the case that you paid a month in advance in the first place. Your original contract will stipulate what you paid and why.

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Finally got our full deposit back after 8 weeks. Agent never responded to DPS. Had to wait 14 days then applied for single claims form from DPS. Had to find a solicitor to sign the form, for £5. Waited another 14 days for agent to respond, still no response from them, finally DPS paid deposit. After I received my deposit, agent tried calling my mobile, but I did not answer. Now taking Landlord to court over failing to repair leaking roof. We were unable to use one bedroom for over 15 months, because of the leaking roof.

We sent a letter to the landlord telling him the difference of renting a 2 bed and 3 bed in the area was £90 a month and would be claiming £1,350 for non repairs and loss of use of the bedroom over the 15 months. Do you think this is fair?

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We sent a letter to the landlord telling him the difference of renting a 2 bed and 3 bed in the area was £90 a month and would be claiming £1,350 for non repairs and loss of use of the bedroom over the 15 months. Do you think this is fair?

Yes and No

Its fair to claim, you should be demanding more money as he clearly took the piss

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my dad is a landlord (not the BTL variety), some of the stuff he's had played on him you wouldn't believe.

the causes of max accidental damage are:

1)upstair tap running & resulting water damage, this could be the result of a broken pipe/blocked overflow

2)drain damage, once he had 5000 worth of damage after concrete somehow found it's way into the rear drain

3)a gas explosion, well this will just pop roof right off

good luck

ps if the resulting water leak were to damage any of the tenants posessions, the landlard can be sued for the damage his building caused as a result to his neglect/maintainance

Not Sure this is Useful. You have a contract/Inventory/Schedule Of Condition and are protected under the tenancy deposit scheme. I expect after 5 years there may be more work to do on the property to hand over...more than a quick clean through.Equally, there will be fair wear and tear on carpets etc to be expected.

Read your contract, read up on the Tenancy deposit scheme.

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Finally got our full deposit back after 8 weeks. Agent never responded to DPS. Had to wait 14 days then applied for single claims form from DPS. Had to find a solicitor to sign the form, for £5. Waited another 14 days for agent to respond, still no response from them, finally DPS paid deposit. After I received my deposit, agent tried calling my mobile, but I did not answer. Now taking Landlord to court over failing to repair leaking roof. We were unable to use one bedroom for over 15 months, because of the leaking roof.

We sent a letter to the landlord telling him the difference of renting a 2 bed and 3 bed in the area was £90 a month and would be claiming £1,350 for non repairs and loss of use of the bedroom over the 15 months. Do you think this is fair?

I think this is fair..

the court will be expecting to be presented evidence that you pointed out to the LL that the room was unuseable...at the time..I hope you have a copy of the written complaint and reminders.

emails may be good enough for this.

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