Updating post from Reddit.

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QUESTION
Posted by JadedLetter8773 3 weeks ago
Pre tenant move in inventory - letting agents

I’ve recently let my property via an estate agent who I’m paying to manage it as I’m away from the locality.

I’m paying about 10% and before I moved out made sure to video everything (about 30 minutes in length). As part of their letting package they stated they would do an inventory.

Earlier in the week they said the tenants were pending referencing and now today told me they’ve passed and would be collecting keys.

I wanted to ask what recourse I’d have if they failed to carry out an inventory before the tenants moved in as stated in our contract?

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Posted by Ok_Entry_337 3 weeks ago

Why not just ask them for a copy in the first instance.

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Posted by JadedLetter8773 3 weeks ago

Done this

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Posted by mynameisgiles 3 weeks ago

If you deduct for damages and they appeal with TDS, TDS will find in the tenants favour for everything except missing rent if they weren’t provided with an inventory on move in.

Source: used to manage maintenance for a large letting agent, and also didn’t do anything to clean or remediate my rented flat when I moved out, because I didn’t have an inventory.

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Posted by JadedLetter8773 3 weeks ago

Are the letting agent in breach of contract then if they’ve not done an inventory and can they be held to account if any damages crop up on tenants leaving?

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Posted by Ok_Entry_337 3 weeks ago

Yes.

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Posted by BoxZealousideal2221 2 weeks ago
  1. If the agent cannot confirm who is doing the inventory and when, hire a local inventory clerk outfit to take the keys and do one before the move in date. Even in the morning of the move in! They are your keys, it's your property until the tenancy starts.
    If you haven't signed the contract simply don't until they give you a guarantee in writing the inventory will be done.
  2. Ask them to pay for it if they were contracted to arrange one and didn't.
  3. Record it in a log of mistakes by the agent for when you need to leave them.
  4. If the tenants have moved in, get one done ASAP anyway. Better than nothing, and the video won't pass muster for most claims you could make at end of tenancy.

In terms of recourse; you could sue them after the fact if there are damages and you fail to recoup them from the tenant but that is a tall order and not the route you want to rely on.

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Posted by JadedLetter8773 2 weeks ago

They’ve done the inventory.

The lease they sent me has the wrong date on it. Queried it and they said tenants in fact moved in on the 1st but the system glitched so it’s listed as 3rd on the AST…

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Posted by BoxZealousideal2221 2 weeks ago

Okay so strictly what is your recourse if there is damage to the property: basically nothing unless you can prove the agents neglected their duty and that directly contributed to the damage getting worse. Extremely unlikely to succeed in my opinion, a very tough burden of proof.
Edited to say their negligence * contributed to your loss.*

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