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99sc1610
09-05-2007, 09:48 AM
Throughout the tenancy its not been clear whether we are dealing with agent or landlord. When we signed the contract we were told our deposit would be paid to the landlord, it turns out the agents now have this. When we move out next month, who should we return the keys to and is there a time on the moving out date that this would usually have to be done by? Also, would it be advisable to get the landlord to come and have an inspection of the property before we move out and sign something to say everything is acceptable so that we dont have any problems with the agents regarding the deposit?

Thanks

Poppy35
09-05-2007, 12:35 PM
what does it say on your contract Landlords Address or Landlords Agents??

this should tell you. Who have you given notice to?

I would write letters to both L and LA asking them these questions and arrange to meet them in order to hand over the keys and also for them to do the check-out.

99sc1610
09-05-2007, 13:38 PM
It gives the address of both the Agent's and the Landlord. Im just concerned as both of them are saying the other has the deposit. We didnt give notice as the contract is due to end on a fixed date anyway. When we have problems, the agent says they had only an introductory service with the landlord and as such he would have the deposit. yet sometimes they say he has it and other times they say they have got it. Either way, they never put anything in writing.

Poppy35
09-05-2007, 13:56 PM
ah ok, thats not a problem, your contract is between the Landlord and you as tenants and therefore the landlord is legally responsible for handing back the deposit to you at the end of the tenancy pending any problems.

Therefore I woulsdsuggest writing to the owner (out of courtesy to inform him you are leaving) and then suggest a date/time to meet to carry out the check-out.

99sc1610
09-05-2007, 14:00 PM
thanks for your help. Im expecting problems with the agents regarding the deposit even though the house has nothing wrong with it. If any problems do arise it sounds like it might be best to take action against the landlord (might make him sort out the agents). Do you think it would be useful to take lots of pictures of things before we leave?

Paragon
09-05-2007, 14:16 PM
Who did the check in? Did they have a professional inventory/condition clerk or was it on a wing and prayer?

You need to have a copy of that report in order to do a proper check out.

Poppy35
09-05-2007, 14:18 PM
Paragon is right - if they have no inventory signed by you then they dont really have a leg to stand on as they wont be able to prove any damage.

I would take pictures etc

99sc1610
09-05-2007, 15:02 PM
The Inventory was made by the landlord who later declined to give us a copy despite our requests. He just made a list of how many of each item were in each room. Its annoying having an agent dealing with one thing and the landlord dealing with other stuff. I contacted the letting agents who confirmed they have the deposit and will take 28 days after we move out to get it to us. Apparently it has to go through their "accounts department" which they dont actually have!

Poppy35
09-05-2007, 15:36 PM
WTF!!! The landlord would not give you a copy?? why ever not? Did you ever see an Inventory on the date you moved in and make any comment etc. From what you say "the landlord noted how many items in each room" im sure its not worth the paper its written on as an Inventory should list EVERYTHING in the property.

However its to your benefit if he does try and make any deductions.

what does your contract state about the return of the deposit?

come back and let us know what happens when you leave.

99sc1610
09-05-2007, 15:44 PM
Thanks for gettin back to me

the contract says that the desposit will be paid to us within 28days after we have produced evidence of bill payments. It also says that the landlord can appropriate the deposit as he see's fit if there is more than one right for a deduction. With reference to the 'inventory' it was actually shown to us and signed by us after we moved in, had been living there about a week. There are a number of things in the house that i know he missed off his inventory. Also, they are mentioning something to us about paying for his carpets to be professionally cleaned even though its a brand new house and we been living there only 9 months (theres nothing at all wrong with the carpets)

Poppy35
09-05-2007, 15:54 PM
Thanks for gettin back to me

the contract says that the desposit will be paid to us within 28days after we have produced evidence of bill payments.fair enough if thats in the contract It also says that the landlord can appropriate the deposit as he see's fit if there is more than one right for a deduction he cannot make deductions unless agreed by you. With reference to the 'inventory' it was actually shown to us and signed by us after we moved in, had been living there about a week. tut tut! did you check it before you signed it? There are a number of things in the house that i know he missed off his inventory are they worth anything??? (only joking!). Also, they are mentioning something to us about paying for his carpets to be professionally cleaned even though its a brand new house and we been living there only 9 months (theres nothing at all wrong with the carpets)is this in the contract? if not then they cant stipulate that unless you have had pets in which case this should be in the contract anyway

Good luck!

sharemaster2
09-05-2007, 16:03 PM
Some Lanlords just think that because they have tennants in thier house, they can well do as they please!! Well not so here. If invetory was not signed by both parties, it is void. Since they only have some of the ITEMS in the house on the Inventory, that is only what the LL can dispute on and only that. Any other Item that is not listed is not contestable in court of LAW.
For the Carpet, well reasonable "Wear and Tear" can be inffered so even if you the tennant do not like it, the LL may get away with getting it cleaned.

In all, LL seems to be a BAD one in deed. For all the above, I will contest every possible actions I can with this LL, that is what I will do.

Good Luck!!:confused:

99sc1610
09-05-2007, 16:09 PM
Thanks for your reply. We checked and signed the inventory which he posted through the letterbox a week after we moved in (he lives up the street from us). He never signed this in front of us, no witnesses etc. So i dont know what to make of it. As for the carpets, i cannot see why we would need to pay for professional cleaning. He has friends of his next door to us who rent off him and they have no such obligations. I would like to resolve this action as peacefully as I can without going to court (i have my own solicitors criminal law placement in the summer) so i dont really have the time to bring a case. Still, £500 each cash is a lot of money. Yes you are correct about him being a bad landlord, i am aware that he recently pressured new tenants to take the property from the date we leave. He used some good tactics to make sure some foreign students signed a contract before the deposit protection scheme came into force