[evlhmr]

After the extremely helpful advice I received last time I asked a question on this board, I would first of all like to thank everyone for taking the time to reply and secondly I would like to request assistance on another matter.

We moved into our current property three years ago. At the time, I believe an inventory check list was completed by the landlord's agency.

We (the tenants) are aware that one was done, however we were not given an opportunity to sign it at the time and until now (when we were given notice and have to move out) had not given it a second thought.

We are being asked to pay for a "check out" (they have not declared the exact figure as yet), however I have two questions regarding this:

1. If the inventory and check out are completed by the landlord's agent (and not an external inventory company) is there any cost associated with it? I am not sure exactly what we are supposed to be paying for...?

2. If we did not sign the original inventory at the time it was completed, is it valid? It was not even dated, although our names are also listed under "checkers" even though we did not participate.

I am not trying to dodge anything - we have not caused any damage to the property or furnishings (although I did break two wine glasses last year but I replaced them at the time), I just would like to know where we stand.

3. Also, the lease states that we need to pay for the flat to be professionally cleaned when we leave (standard practise I know) - however it most definitely was NOT professionally cleaned when we moved in. Is it right that we have to pay to have it cleaned when it wasn't clean when we moved in?

Thanks very much.

[QMS]

This whole practice of paying a fee to both check in and check out really pisses me off. It's just another way for greedy agencies to screw you out of more hard earned cash.

Was this check out fee mentioned when you moved in? Also, while I'm not in any way qualified, I'd be very wary of an inventory which is undated, unwitnessed and unsigned by you. I'm sure Bluey or someone else will be along soon to give a more informed view.

[Bluey]

Hi,

You will need to get the definitive answer from a specialist forum such as www.landlordzone.co.uk/forums or Shelter as I am not qualified to give advice. My best *guess & assumptions* below are based on other responses to similar posts. Verify it with the recommended expert sources and come back to the forum and see if we are along the right track.

1. If the inventory and check out are completed by the landlord's agent (and not an external inventory company) is there any cost associated with it? I am not sure exactly what we are supposed to be paying for...?

What does it say in your contract? I can't see how they can bill you if you haven't been advised of the charge.

2. If we did not sign the original inventory at the time it was completed, is it valid? It was not even dated, although our names are also listed under "checkers" even though we did not participate.

Don't know - hopefully, an unsigned inventory carries little weight as they don't have evidence that you accepted their account but Shelter will be able to advise as it seems you were given the opportunity to challenge it and didn't (some contracts probably have a clause that say unsigned inventories are regarded as valid after x days have lapsed without any feedback).

3. Also, the lease states that we need to pay for the flat to be professionally cleaned when we leave (standard practise I know) - however it most definitely was NOT professionally cleaned when we moved in. Is it right that we have to pay to have it cleaned when it wasn't clean when we moved in?

if you are advised that the inventory/schedule of condition is invalid, the agent would not be able to prove that it was handed over in a clean condition anyhow. not sure whether the insistence that it has to be a professional clean is an unfair term. check with Shelter how you can best prepare yourself against unfair deductions before you move out (their site mentions drawing up an independent inventory signed by an independent witness and provides a template for this). Perhaps you can check with them whether taking photos of it in a clean condition before you move out would help protect you?

In a worse case scenario, and you move out and get hit with unfair deductions, you'd usually need to take the landlord (not the agent) to court so if you don't know their residential address, now is the time to get it from the agent, citing the fact that they are obliged to provide it within 21 days of a written request. If your deposit was protected in the Tenancy deposit scheme (came into effect for all ASTs after 06 April 2007), then you challenge it via TDS. Was your deposit supposed to have been protected in TDS and if so, did you receive confirmation of this?