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VikG
10-10-2011, 19:17 PM
Tenant was due to move out at end of tenancy but continued to hold the key for 2 months. I attempted to get hold of keys on multiple occassions and in the end the tenants left the keys in the letter box without telling me and I found out by text later on. I went to the property and did an inventory check. I then took pictures. I sent a detailed list of problems (although 1 month on) of the condition of the property as I did not have a chance to get to the property for 2 weeks and then a further 2 weeks to document everything and do the work.

They are arguing I should have been there at the end of the tenancy (but they were not vacated and still had to clean up).

I must have contacted them on over 10 occasions to resolve matters. I have sent them pictures of the damage and sent this to them. They have not disputed anything I have said to them but just said that no checkout inventory was done. I was not notified of the date they moved out so could not be present.

What should I do?

Snorkerz
10-10-2011, 19:36 PM
I would not say there was any obligation on you to attend at the end of the tenancy, especially in these circumstances, but I do think you should have invited the tenants to the inspection, whenever it happened. If tenants attend, or at least are invited, it is much harder for them to to allege that there are any exaggerations or downright lies.

tacpot
11-10-2011, 08:15 AM
I would write back to the tenants confirming that a checkout inventory was done - confirm the date, who did it, what was found. And also confirm that the Tenancy Agreement did place any obligation on the landlord to conduct the Checkout inventory with the tenant present.

What were the arrangements regarding any security deposit and its protection? Do you still hold the deposit or is it lodged with one on the Deposit Protection Schemes?

Based on this I would also confirm to the tenant whether you are prepared to use the Alternative Dispute Resolution process. If not, I would confim you will consider taking them to court to recover the damages.

athair_siochain
11-10-2011, 08:30 AM
You say you fixed everything, there is only your word for this, you could have caused damage so you could update your painting etc. then blame the tenant so they may have to pay, I have seen this happen hundreds of times. I help tenants who are victims of landlords, also do pre/letting inspections for tenants
Why not put this down to experiance

MrJohnnyB
11-10-2011, 09:07 AM
You say you fixed everything, there is only your word for this, you could have caused damage so you could update your painting etc. then blame the tenant so they may have to pay, I have seen this happen hundreds of times. I help tenants who are victims of landlords, also do pre/letting inspections for tenants
Why not put this down to experiance

This is such a stupid comment. The court will base the evidence on the balance of probabilities. Plainly it would be illogical to assume that someone would intentionally damage a property to then claim money to have it repaired. If the tenants wanted to do so they could have attended checkout.

tacpot
11-10-2011, 09:08 AM
I would also put on record in any letter that you were not notified of the date the tenant would be moving out and did not return the keys. This action by the tenant enevitably created a situation where there would be a gap before the landlord was able to access the property to inspect it. The landlord should not be penalised, or suspected of causing additional damage, because the tenant has engineered a particular set of circumstances.