What to do with no inventory?

[JayC]

Hi

I hope that someone here will be able to answer a simple question for me. We are soon moving our of our rental house (first rental, there for 14 months) and find that neither the letting agents nor property managers did an inventory when we moved in - they also have never done a gas check or other inspection during the lease. Each blames the other for not doing it, but all I want is my £1000 deposit back!

We fully intend to leave the house in a condition as close to original as possible. The professional carpet cleaners are coming the day after we move out, and we have got all the stuff we need to clean and tidy the house and fill in any holes in walls. It helps that it was unfurnished - there weren't even curtain rails. We have replaced some (quite frankly shoddy) fitments at our cost already and are leaving the garden far better than it was when we got there,

My question is, should I be bothered by the lack of inventory? If there isn't one, surely I can ask for my deposit back on the day of check-out?

[MrShed]

No you shouldn't be bothered by it, the lack of inventory works in your favour, without an inventory they can make no deductions from the deposit(unless there is other proof available).

[Ericthelobster]

No you shouldn't be bothered by it, the lack of inventory works in your favour, without an inventory they can make no deductions from the deposit(unless there is other proof available).I agree with MrShed, except what he should have written is "...they are not permitted to make deductions..."

I think that if the LL/agent/property manager is so unprofessional, incompetent and foolish as to have not done an inventory at the outset, and much worse, never had a gas check done, you can pretty much guarantee that they will make deductions from the deposit, and that sadly, the onus will then be on the tenant to take them to the small claims court to get it back.

Anyone disagree with me?!

[Nora Kay]

JayC
The absence of an inventory should, in theory, be to your advantage, but I would recommend that you make sure you have one with your next tenancy.
As your flat is unfurnished, there shouldn't be very much that the agent/landlord can find fault with.
If you haven't already, get in touch with them and get a definite date for their inspection - be there yourself if you can - and request that the cheque for the deposit is given to you directly after the inspection.
If they don't play ball, you could point out their lack of professionalism in ignoring their legal obligations re the gas certificate.
You could take dated photos of the property just before you leave to show its condition, to back up your claim if it does come to court.
Good luck!

[MrShed]

My apologies eric, I agree entirely :p

[Paul_f]

You might like to remind the agent and landlord that if they even dare to make any deductions from the deposit not only will you take action through the small claims court but would be citing the fact you were not furnished with a copy of the gas safety certificate which is of course a criminal offence!

I don't know why you are bothering to get a carpet cleaning firm in as there is no invenotry to prove it was clean one way or the other whne you moved in. No inventory = No chance and the landlord can't deduct anything. By the way the agent can't make any decisions about the deposit, he can only advise his client.

[JayC]

Hi All,

I have written to them to get an absolute date for the handover and to request my deposit back on the day. I will make sure I am there. I'll also take pictures - hadn't thought of that.

We wanted to get the cleaning firm in mainly because we wouln't feel comfortable handing the keys over knowing that the carpets hadn't been cleaned. Silly I know, but the carpets are a bit grubby, so only right that we should at least make an attempt at getting them clean.

Thanks for all of your replies, I feel a little bit more comfortable now!