chicker Posted September 3, 2011 Share Posted September 3, 2011 Been in the house for 2 months and landlords still haven't done an inventory The carpets weren't cleaned but the walls had been painted. Also no landlords gas cert. Deposit in a TDS Should I push for the inventory to be done? Quote Link to comment Share on other sites More sharing options...
Tiger Woods? Posted September 3, 2011 Share Posted September 3, 2011 Been in the house for 2 months and landlords still haven't done an inventory The carpets weren't cleaned but the walls had been painted. Also no landlords gas cert. Deposit in a TDS Should I push for the inventory to be done? If there is no inventory then it is going to be difficult for the landlord to prove that you have damaged anything isn't it? No inventory is in your favour. Quote Link to comment Share on other sites More sharing options...
LC1 Posted September 3, 2011 Share Posted September 3, 2011 Been in the house for 2 months and landlords still haven't done an inventory The carpets weren't cleaned but the walls had been painted. Also no landlords gas cert. Deposit in a TDS Should I push for the inventory to be done? Erm, from my experience the answer is a resounding 'YES!' (Unless you don't mind the idea of buying your LL a new carpet when you leave?) Quote Link to comment Share on other sites More sharing options...
LC1 Posted September 3, 2011 Share Posted September 3, 2011 If there is no inventory then it is going to be difficult for the landlord to prove that you have damaged anything isn't it? No inventory is in your favour. No guarantee. He might have photographs of when the carpet was pristine (unlikely, but I've heard of more sneaky LL tricks than this), and therefore all those little marks and stains must have been his last tenants....the inventory is the only legal instrument the tenant has to protect his/her back. Quote Link to comment Share on other sites More sharing options...
Tiger Woods? Posted September 3, 2011 Share Posted September 3, 2011 No guarantee. He might have photographs of when the carpet was pristine (unlikely, but I've heard of more sneaky LL tricks than this), and therefore all those little marks and stains must have been his last tenants....the inventory is the only legal instrument the tenant has to protect his/her back. You have it back to front. Without a signed inventory, the LL doesn't have a leg to stand on. The inventory is to protect the landlord - not the tenant. Quote Link to comment Share on other sites More sharing options...
Flopsy Posted September 3, 2011 Share Posted September 3, 2011 Did you pay to have an inventory done as part of the moving in process? Maybe consider writing your own inventory and taking photographs as a record for when you move out. If there is a dispute then you will at least have some evidence. It's not unheard of for someone to "forget" to send you a copy of the inventory and for there to be something in your lease to say it should be signed within x days and if they don't hear from you, then it is considered to be agreed on. That happened to me. I sent a registered letter to the agent in this instance to say that I had never received a copy of the inventory and I would not be paying for one on checkout and be responsible for sorting out an issues resulting from it. They never replied or acknowledged this. We wrote our own version and took photos. When we moved out we explained this to the LL and all was fine. Quote Link to comment Share on other sites More sharing options...
qwerty1984 Posted September 3, 2011 Share Posted September 3, 2011 You have it back to front. Without a signed inventory, the LL doesn't have a leg to stand on. The inventory is to protect the landlord - not the tenant. Exactly. Without an inventory the LL has very little grounds to withhold any of the deposit for minor damage or small missing items and if they did a challenge by the tenant in the small claims court would have a good chance of success Quote Link to comment Share on other sites More sharing options...
chicker Posted September 4, 2011 Author Share Posted September 4, 2011 Did you pay to have an inventory done as part of the moving in process? Maybe consider writing your own inventory and taking photographs as a record for when you move out. If there is a dispute then you will at least have some evidence. It's not unheard of for someone to "forget" to send you a copy of the inventory and for there to be something in your lease to say it should be signed within x days and if they don't hear from you, then it is considered to be agreed on. That happened to me. I sent a registered letter to the agent in this instance to say that I had never received a copy of the inventory and I would not be paying for one on checkout and be responsible for sorting out an issues resulting from it. They never replied or acknowledged this. We wrote our own version and took photos. When we moved out we explained this to the LL and all was fine. No cost to me for a moving in inventory but there is for the check out (not to exeed £100). How you can have a check out without a check in ? Quote Link to comment Share on other sites More sharing options...
Jason Posted September 7, 2011 Share Posted September 7, 2011 The answer is YES - good news for you. A friend is going through trying to get the deposit back, and the landlord wants it all - but no inventory. We'll see what happens. Quote Link to comment Share on other sites More sharing options...
Superted187 Posted December 18, 2012 Share Posted December 18, 2012 (edited) Bumping this. I've been in my accom for about 5 months now. I've got several emails reminding the landlord to provide me with a copy of the inventory that was put together at "check-in". So I still have no inventory. Shall I continue nagging, or just leave my LL to not sort it? It's worth noting that our flat was filthy when we moved in I'm planning on leaving the flat in the same state of cleanliness as we got it when we move out. And I've got pictures of the dust and grime from when we moved in. Edited December 18, 2012 by Superted187 Quote Link to comment Share on other sites More sharing options...
Goat Posted December 19, 2012 Share Posted December 19, 2012 (edited) The answer is YES - good news for you. A friend is going through trying to get the deposit back, and the landlord wants it all - but no inventory. We'll see what happens. Disagree in theory. It's not hard to draw up an inventory 6 months later, show that everything was perfect and then claim that the tennant simply did not respond when it was send out. Make sure that you have PROOF that an inventory was not sent to you, i.e. repeated requests for the inventory backed up by proof of posting or recorded delivery. Edit: Backed up by detailed descriptions of all faults. This isn't about what condition the property was in when you took possession; it's about what you can prove to the court. If the landlord has "independent" agents testifying to the condition of the property you are f***ed unless you can demonstrate that they are lyeing. Edited December 19, 2012 by Goat Quote Link to comment Share on other sites More sharing options...
Rozza Posted December 19, 2012 Share Posted December 19, 2012 No cost to me for a moving in inventory but there is for the check out (not to exeed £100). How you can have a check out without a check in ? I had one of these in my contract, when we moved out i simply told them we wouldnt be paying it... And we didnt Quote Link to comment Share on other sites More sharing options...
gilf Posted December 19, 2012 Share Posted December 19, 2012 Personally I'd go round and take pictures of problem areas, make a list and then send a copy of everything via recorded post to the landlord. Quote Link to comment Share on other sites More sharing options...
Riedquat Posted December 19, 2012 Share Posted December 19, 2012 Disagree in theory. It's not hard to draw up an inventory 6 months later, show that everything was perfect and then claim that the tennant simply did not respond when it was send out. Make sure that you have PROOF that an inventory was not sent to you, i.e. repeated requests for the inventory backed up by proof of posting or recorded delivery. Edit: Backed up by detailed descriptions of all faults. This isn't about what condition the property was in when you took possession; it's about what you can prove to the court. If the landlord has "independent" agents testifying to the condition of the property you are f***ed unless you can demonstrate that they are lyeing. Why wouldn't the burden of proof be on the landlord under those circumstances? IIRC the last couple of times I've moved in they've wanted me to sign the inventory before giving me the keys. Quote Link to comment Share on other sites More sharing options...
gavin777 Posted December 20, 2012 Share Posted December 20, 2012 I agree that the burden of proof should really be on the landlord, especially if they aren't responding to your e-mails. As long as you can prove that you've reminded them about the missing inventory multiple times I can't really see that there's much else you can do. It's great that you have photos of the grime and dirt as well, but I'd also be tempted to take photos of the general condition things are in. Hope you managed to get the landlord's gas certificate sorted out as that should have been given to you straight away. I'd be worried that if your landlord is so lax about these things that he may not actually have had the proper checks done. Quote Link to comment Share on other sites More sharing options...
ChumpusRex Posted December 29, 2012 Share Posted December 29, 2012 (edited) Why wouldn't the burden of proof be on the landlord under those circumstances? IIRC the last couple of times I've moved in they've wanted me to sign the inventory before giving me the keys. This is increasingly common these days, and stems from the fact that the deposit protection services generally don't recognise inventories that have not been signed by both parties. A written inventory drawn up either by the landlord, or by the tenant could be seen to be biased, so the protection services give them little weight, except in certain circumstances. Written inventories are generally only treated as key evidence if: the inventory was drawn up by an independent inventory clerk who has an appropriate professional membership (e.g. a letting agent with a membership of ARLA). or both parties have provided written evidence of agreement with the inventory (e.g. a signature) Photographic inventories are generally treated as valid, provided that they are clearly dated. Edited December 29, 2012 by ChumpusRex Quote Link to comment Share on other sites More sharing options...
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