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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 813
Experience:  Solicitor with over 15 years experience.
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We have lived in our private rented property years.

Customer Question

We have lived in our private rented property for 11 years. Initially it was on a 6 month, then annual renewable contract but after 5 years our landlord asked us to change it to a rolling tenancy as he didn't want us or him to pay the letting agent's fees each time we renewed. We agreed as we had a good relationship with him. Sadly he subsequently died of cancer & his daughter who we haven't met has inherited the property. We have given 1 months notice as we now want to live somewhere else but today, 4 days before the tenancy ends, the Agents have sent us a list of check out terms & conditions including having carpets professionally cleaned when I have now done them myself. Can I contest this?The only tenancy agreements we have are with the deceased landlord.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Did you sign any agreememt re leaving procedure with the agents at the start of the tenancy? Have you paid a deposit? Is it in a deposit guarantee scheme?
Customer: replied 1 year ago.
We signed the tenancy agreements in the first few years up to 2009 which were in the name of the now deceased landlord. We were subsequently notified of the change to rolling tenancy but did not sign anything. We have not signed anything with the new landlord. Also 8 days after we gave our notice on 1st April we had an email from letting agents saying "Your landlord has not taken our check out option. We would therefore advise that you contact your landlord to arrange for a convenient time for the checkout to be conducted". Which I did by email. Then yesterday I had the email from Your Move saying they would be coming on Saturday & attaching terms & conditions. They also mention an inventory which we never had.
Expert:  LondonlawyerJ replied 1 year ago.
OK in that case you need to tell the Agent that there is no contact requiring you to follow the procedure, that you have not agreed to do so and do not agree to do so. You should tell him about your having had it cleaned yourself. You should tell him you are leaving as notified and that you will not pay for any check out procedure that you are not bound to and have not agreed to. You should also point out that there is no inventory to check against. It sounds like they are trying to apply their standard procedure in a situation where they have no right to do so. Is there a deposit and who holds it? The Landlord has a duty to put it in a guarantee scheme and if they do not do so you may be able to get compensation. I suspect you may not want to do this but it may be a bargaining position.
Customer: replied 1 year ago.
Thank you for that information. Our deposit is held by My Deposits and I have a certificate. My concern is that they will withhold some of it if I don't comply with their terms.
Expert:  LondonlawyerJ replied 1 year ago.
They won't be able to. That deposit is only to do with damage to the property, and arguably rent arrears, not inventory checkout disputes. Even if they try then there is a dispute resolution system run by My Deposits you will be able to use.
Customer: replied 1 year ago.
Many thanks for your help. You've stopped me worrying. Much appreciated.
Expert:  LondonlawyerJ replied 1 year ago.
Thankyou. I would be grateful if you would please rate my answer as I will not be credited if you do not do so. It will not close the question and I will continue to answer follow up questions.