Inventory Invalid?

Inventory Invalid?

10:09 AM, 2nd June 2015, About 7 years ago 20

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My tenants are claiming that their inventory isn’t invalid.

They have been in the property 2 years. Inventory Invalid

When they moved in a detailed inventory was done with pictures. As I did the inventory myself I also said they could go through the inventory and any thing they wanted to add I would be happy to discuss. They went through the inventory with a fine tooth comb and I agreed all the amendments they made. Even to the point where they crawled under a breakfast bar to see a couple of chips on the paintwork under the counter.

As they were not moving out, I did not do a new inventory for year 2 as I was planning on doing this at the end and allowing for fair wear and tear.

The tenancy is coming to an end and over the last few months they have started to just let the place go. One of the bathrooms is covered in black mould, there is mould in bedrooms, things are broken etc.

They are now claiming that they should have been given another inventory in year 2 so I cannot rely on the original inventory even though there was no break in the tenancy.

Is this correct?



Comments

by Michael Barnes

23:43 PM, 4th June 2015, About 7 years ago

Reply to the comment left by "Anonymous " at "02/06/2015 - 12:19":

Have you or the tennts issued notice to end the tenancy, or are you just expecting the tenants to leave at the end of the fixed term?

by Dee Mc

9:46 AM, 5th June 2015, About 7 years ago

Reply to the comment left by "Michael Barnes" at "04/06/2015 - 23:43":

Absolutely. I will always issue my tenants a section 21 notice even if I'm in not doubt they will leave at the end of the tenancy. We were advised to always do this on my landlord accreditation course as if the tenants don't leave you will have wasted 2 months in regards to your eviction time.

The only doubt was that I issued them a new tenancy after the first year but kept the old inventory as they hadn't moved out. They were trying to claim that as it was a new tenancy agreement, I should have made note of any damage then and taken it off as wear and tear and noted it on the new inventory. I couldn't understand how this could be right as they hadn't moved out and the damage would therefore have been theirs whether noted at the end of year 1 or at the end of tenancy. However, Mark clarified that they were incorrect.

by Mark Alexander

15:13 PM, 5th June 2015, About 7 years ago

Reply to the comment left by "Anonymous " at "05/06/2015 - 09:46":

With regards to Section 21's, do beware of the new laws contained in the Deregulation Act. They now have a 6 month "use by date" after service and cannot be served until four months before the expiry of a fixed term tenancy.
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by Dee Mc

16:27 PM, 5th June 2015, About 7 years ago

Reply to the comment left by "Mark Alexander" at "05/06/2015 - 15:13":

Thanks Mark. My tenancies are for 12 months and I set reminders everywhere (phone, calendar etc) for alarms to go off from two weeks before the last two months. I also hand deliver these and get a signed receipt, which I provide, from all the tenants. Belt and braces.

I must say I was unaware of the 6 months "use by date" and had I listened to the agent who just recently let two of my properties I would have been in hot water as they were insisting I serve the section 21 with the signing of a 12 month contract! Just as well I pushed back saying I didn't like serving a notice to quit on a tenant going as I felt that it may make them inclined to not look after my place. Although it didn't work on these particular outgoing tenant but there is always the exception to the rule.

It is a little worrying though that you use an agent whom you would expect to know the law and just how wrong they can get it. I had an agent trying to sell me a house recently in an area where there is mandatory licensing and they said I would be ok if I put five sharers in a house without a licence so long as they were on one tenancy agreement. They insisted that HMO only applies when they are on separate tenancy agreements. Hum I thought it will be me paying the £20k fine!

by Mark Alexander

16:44 PM, 5th June 2015, About 7 years ago

Reply to the comment left by "Anonymous " at "05/06/2015 - 16:27":

What do you mean when you say mandatory licensing? I'm not familiar with that phrase.

Compulsory HMO licensing applies where there are 5 or more tenants AND 3 or more stories.

Selective Licensing is discretionary.

If you are in a area where the local authority has not introduced selective licensing and the property is only two stories the agents advice was right.
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by Dee Mc

21:13 PM, 5th June 2015, About 7 years ago

Reply to the comment left by "Mark Alexander" at "05/06/2015 - 16:44":

In Hillingdon, they require a HMO license for 5 or more sharers even for two storey properties and even if on one tenancy. The property was in Hillingdon but the agent was not local.

by Mark Alexander

0:22 AM, 6th June 2015, About 7 years ago

I think that would be well worth challenging because I know the person who made sure the word AND was inserted into the drafting of the law, ie 5 or more tenants AND three or more stories. It wouldn't be the first time that a local authority has interpreted the law incorrectly. Google Ipswich Landlord Licensing for example. The local authority had to refund hundreds of licence fees.
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by Dee Mc

9:11 AM, 6th June 2015, About 7 years ago

Reply to the comment left by "Mark Alexander" at "06/06/2015 - 00:22":

Hillingdon brought out new rules in 2013. As well as mandatory (I think this would be the same as compulsory) and additional (I think this is the same as selective) - mandatory and additional is what they call them - you also have to apply for planning permission. I think it's called a part 4 or schedule 4 - I just call it headache for short. In the areas where HMOs are most desireable it is hard to impossible to get the planning permission, What they are trying to do I guess is not let any new HMOs spring up in these areas. It is also these areas where they include 2 storey properties.

http://www.hillingdon.gov.uk/article/19677/House-in-multiple-occupancy-HMO-licence

by Dee Mc

10:06 AM, 6th June 2015, About 7 years ago

Reply to the comment left by "Anonymous " at "06/06/2015 - 09:11":

The refund is interesting just shelled out almost £500 to Hillingdon a few months back for a licence on a two storey 5 person property and the fees have apparently risen to almost £1000.

by Mark Alexander

10:51 AM, 6th June 2015, About 7 years ago

Ah, sounds like article 4 planning and additional licensing then. Bad news, not just for landlords but also for homeowners because this can hit property values and saleability
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