Updating post from Reddit.
Hi all, hoping for some advice.
We hired our estate agents to carry out the inventory on our behalf this time (normally we do it ourselves). They used a third-party company, and here’s where I messed up…I chased for a copy of the inventory shortly after it was supposedly done, as I thought it was odd I hadn’t received anything to view or sign. Unfortunately, due to some personal life events, it fell off my radar, and I didn’t realise we never actually got a copy until about a week before the tenants were due to move out 🥲 Fast forward to now…the inventory company says they can’t locate the original report because they’ve “moved systems.”
The tenants had a dog (with our permission), and while the interior is in surprisingly decent condition, the carpets stank and had dog hair and mud trampled into them. We’ve purchased a pet carpet cleaner, and had to clean them about 8-10 times (not an exaggeration). The garden was also in a state, no grass left and where the tenant had tried to sweep dead leaves away there was loads of dog poo in and around the garden so have gone through the garden with a fine toothed comb so to speak as I do not want to let the flat out with the possibility of dog poo. So we re-seeded the lawn and had been going back twice daily to water it in time for the new tenants over a two week period.
We’re expecting to make deductions from the deposit for the carpets and garden, but I’m really concerned we’ll struggle to claim anything without the original inventory.
Anyone been in a similar situation or have advice on where we stand without a check-in inventory? Really appreciate any thoughts.
P.s just to add, when the estate agent approached us to start processing the deposit return, this was one of the points on the email (we’ve never had to do this before, and is the same estate agent). Don’t know if this is them covering themselves or just a new process for them… “Could you confirm if a claim is to be made against the deposit. Before we process a claim for funds from the deposit, you will need to agree this with your tenant, and we will need confirmation in writing from both you and your tenant to confirm agreement on the amount to be claimed. Please be advised, if a claim should go to dispute there is a charge of £150.00 for estate agent to manage the administrative work during the process”
Broach it with your old tenants first, they may feel your charges are reasonable or you can negotiate and come to an agreement.
If they go through a dispute service youre correct that without an inventory check in and out its unlikely theyll claim in your favour. This is where youd need to go through the complaints process with your estate agent to attempt to recoup some costs as they have failed in their duty of care to you if they were the ones who arranged the inventory and there is not a copy. Ask for the official complaints process so it gets escalated to the people who are going to be able to authorize it.
Re the portion you cited it is more likely than not a standard template and wont have anything to do with this. Estate agents will typically only handle the dispute process if you instruct on a fully managed basis, if not they will not enter the dispute but release the deposit on written confirmation from both parties.
Also dont pay the £150 to your estate agent for this (even disregarding your current situation) all they will be doing is acting as a middleman and forwarding your emails to your tenant and theirs to you as they cant actually do anything with the deposit without express agreement from both parties.
What if I only have a check-out report but never made a check-in report? Can I still claim anything
The check out needs to be compared to the check in condition to be useful. You cant prove the condition of the property when they moved in so no the deposit scheme would be incredibly unlikely to rule in your favour if it were to be disputed. Reframe a inventory and check in as a necessary expense/insurance going forward as it is necessary to protect your interest. It should always be done by a third party as it is unbiased the scheme will also be unlikely to find in your favour if you did it yourself. Yes, its another fee chucked at a landlord but unfortunately its the standard
I would suggest just broaching your tenant first and proposing your deductions and negotiating from there. The vast majority of tenants will take responsibility for damages they caused as long as they are fair and reasonable and are you have receipts
Do also remember you can’t charge for betterment and the TDS will apportion any damages - ie if they scratched a table you cannot charge them for the cost of a new table but there is a formula based on how old the table is, expected lifespan and the size of the scratch. The same as if flooring is damaged you cannot charge to replace the whole floor but there is a formula based on the age/lifespan of the flooring and you will only be awarded a portion generally.
I have a situation involving a six-year tenancy. I did not pay for the inventory or the check-in report. I am looking to claim £400 for professional cleaning, as the previous tenant paid and I used this amount to clean the property. The current tenant moved in a month after the previous tenant and claims that she paid for her own cleaner to clean the property before moving in because she felt it was not clean enough. She has email communication with me stating that she arranged for the cleaning one day before her official move-in date. And it was done and she paid for her own cleaner as I gave her a key early. Where do I stand in this situation? Currently, the house has not been deep cleaned. Also my garden is too messy. She demands the deposit in full.
You can’t bill for a “professional clean” you need to provide details of what you are cleaning for based on the check in and check out inventory. After 6 years DPS will reduce most claims due to wear and tear so you will likely get nothing.
In the contract we negotiated this to be done
Doesn’t matter. It’s an unenforceable term. The only thing that matters is condition, not how it got in the condition.
But I do not have a check in and inventory documents. Does that mean I can claim nothing? As cannot prove the condition that the tenant moved in on the first day?
Pretty much.
And have photos but only for check out
Thank you, I’ll broach it with the tenant tomorrow. Appreciate your responses, thank you.
That last line sounds like either they have signed up for the deposit protection service and will be handling the dispute on your behalf or they haven't used it at all.
Your estate should cover the costs of the garden and the clean, they stuffed up. You were charged for the inventory, they were responsible for it and processing it. The deposit can’t be claimed as you don’t have proof, unless the tenants agree to it.
Agreed, luckily I have the statement which shows the charge of the inventory too, thank you