Check out report – can a landlord insist on being there?

Reply to the comment left by “Stephen Frame” at “28/01/2014 – 13:33“:

Hi Stephen

Is the Inventory Clerk acting on instructions from you or from the landlord?

If he/she is acting for you then you are under no obligation whatsoever to inform the landlord!

Did the landlord employ the services of a professional inventory clerk at check in?
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Reply to the comment left by “Stephen Frame” at “28/01/2014 – 13:33“:

“We don’t feel they have an understanding of how wear an tear works and we do therefore consider a that there is a risk of dispute. ”

Then didn’t become involved in a discussion at the time. Take photographs to provide evidence should it be required. On the check out form note your disagreement. Ensure you receive a copy.

Hello Everyone

Thanks for all the helpful comments. To clarify our own position;

we entered into a 2 year tenancy agreement, which has just under 12 months to run. (We have now bought a house locally, and so wish to terminate)

We understand that we are liable for rent until such time as the Landlord can re-let.

We understand that we are liable for various charges and penalties as set out in the TA.

The approach that the agents appear to be taking is that anything that we do (for example not agreeing to give the landlords beneficial access in advance of the commencement of the next tenancy), is impeding him from mitigating his loss by procuring a new tenant.

Issues with the check-out report aside, this seems exploitative, but given that we are liable for the rent until the property is re-let, we feel backed into a corner.

Not our first bruising encounter with aggressive agents in SW19.

Stephen

Everything in lettings is about two things – the Law and facts.

Can you give me some facts such as:-

Tenancy Start Date

Last fixed date of the tenancy (assuming it is not periodic which i am not sure about)

Have you actually given any notice of intention to leave earlier?

What date is the Landlord saying suits them best

My apols if any of the above have been made clear in other posts

@Romain

You hit the post – why do you think the implied right of access is in the L&T 1985?

Think about it – what does L&T 1985 primarily deal with early on?

Trust me been there loads of times PDEA 1977 will outweigh almost anything – even my missus’ point of view!!!

Reply to the comment left by “Mark Alexander” at “28/01/2014 – 13:38“:

Thanks for the comment Mark. We will need to check who the clerk is instructed by (it may well be us – we are certainly paying for it).

If not, can we replace and appoint someone of our choice to represent us (assuming that they are bound by the same professional standards of objectivity etc?)

@Stephen

Presumably your landlord protected the deposit with 30 days? If not he’s got big problems!

Your landlord has 14 days to refund your deposit or reach settlement with you once your tenancy has ended. If you have not reached settlement by this date you should complain to the deposit protection scheme in which your deposit is lodged or registered.

You may feel it’s a bit strange getting all this advice from landlords. That’s because GOOD landlords do not enjoy being tarnished by the bad ones. The more bad ones we can encourage to leave this business or get their acts together the better for us and public perception of landlords generally 🙂
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Reply to the comment left by “Industry Observer ” at “28/01/2014 – 13:48“:

Industry Observer – see below:

Tenancy Start Date – February 6th 2013

Last fixed date of the tenancy – Feb 6th 2015

Have you actually given any notice of intention to leave earlier? – yes we served notice on 28th November last year

What date is the Landlord saying suits them best – they have a new tenant lined up for 15th February. We are advised they want us to hand back on the first to enable them to do some work to the property (whilst requiring that we continue to pay rent to the 15th)

Kind regards

Stephen

To the P118 Community

Can I ask a favour here please. I need a bit of time to post a detailed response to Stephen’s post above with dates and also to pick up on and reflect some other comments and then post.

If you can just give me until 1415 that would be great

Thanks

IO

Just three more questions Stephen

Do you have direct contact with the landlord, is he saying any of these things to you direct, or is it all through the agent?

For example your advice you wanted to leave – did the agent refer this to the LL or just accept on his behalf ?

Second this issue of confrontation I agree with the early comment – why? Why does the Landlord even think work is needed at the property – have you asked for any repairs etc

Impeding whose mitigated loss – Landlord’s or agent? And anyway what loss if you pay to 14th and new tenant pays from 15th?