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slj20
04-02-2008, 11:56 AM
Hi all - My parents tenancy is due to end Midnight 5th Feb after approx 14 years in the property. They have been told to hand the keys into the property company tomorrow and the inventory will be carried out at a later date (we have now been advised they can attend this)! This doesn't give me any confidence that the deposit will be returned in full.
The added difficulty is that the original propoprty agent did conduct and inventory, and when they sold their business to the current propertyagency they didn't do one either. So how can the agency say whether the propoerty is being left in good condition against when they moved in? I advised the company they I am happy to hand the keys in when they agree to pay the deposit, which they won't do until they check the property. If we hand the keys in late they have stated that they will charges extra days rent and the possibily of being taken to court if this is not paid. Please help. Advice gratefully received as this happens tomorrow....
Thanks

pcwilkins
04-02-2008, 12:09 PM
You need to return the keys as they ask, and fight over the deposit later. If there is no original inventory the LL has little chance of getting a court to uphold any deductions.

Peter

slj20
04-02-2008, 12:31 PM
Thanks so much. I was considering holding the keys until the checks as we are concerned they could say anything was not good enough. Given the period of time they've been in the property, they've managed to keep the condition as it was. The added difficulty is that the owners are taking back the keys from the agent as they are not renting it out through them again, so thought they could muddy the waters.

pcwilkins
04-02-2008, 13:28 PM
Thanks so much. I was considering holding the keys until the checks as we are concerned they could say anything was not good enough.

They might still say that, but if they do you should ask for proof of the damage they're deducting from the deposit for. They can't just say "it's not good enough, we're keeping the deposit" --- they need to provide proof of what exactly the deposit is being used to pay for and also proof that your parents are responsible for that damage.

More than likely that they will try it on, but if there's no original inventory they have a very weak case.

Peter

Surrey
04-02-2008, 17:15 PM
Furthermore, unless the landlord has carried out significant improvements during the tenancy and can prove it, then even if a carpet that was brand new 14 years ago is worn out, your parents will not be liable, as any court will not allow "betterment", which is where a landlord improves the property at the cost of the tenants. The principle behind this is that the tenant has paid to use the property and its fixtures and fittings (and anything else that was included in the original agreement) and the landlord is able to claim for "wear and tear" against his tax, so it is considered by all that the rent includes payment for "fair wear and tear".