Not allowed to attend check out appointment when leaving rented property.

[Whatisthisfuckery]

I have an inventory appointment in the second week of July when my tenancy ends. The letting agent use an inventory company so I just spoke to them to ask what time I should attend. I was told that due to Covid the tenant is not allowed to attend appointments at the moment because it’s difficult to socially distance in a property.

granted this flat is pretty small, but one can still socially distance. I think it’s ridiculous, you can go to the shops now, people are mainly back in work and some DC are returning to school, but they aren’t allowing two people to be in the same flat at the same time. Mean while today I have received an email from the letting agent saying they would be showing a potential applicant round later this week. No request for me and DS to be out, not that they can request that, but clearly the letting agents think it’s fine.

I’m rather suspicious of these inventory companies, in that I believe they’re out to find reasons to deduct money from tenants’ deposits, so I think attending the appointment is important. I think they’re taking the piss big time and I don’t trust them as far as I could throw them.

Is there anything I can do about this? AIBU to be pissed off and suspicious?

[Freeekedout]

If you get a cleaner to do an end of tenancy clean, provide a receipt as proof. If the cleaning isn't up to the required standard, the cleaner will hand to go back and sort it out. I'm a landlord and I have to say it's extremely difficult to make deductions for anything!

[cabbageking]

Take lots of photos just in case.

[SeasonFinale]

helloyouthere your agent is taking you for a mug a mind for extra ££££. It is not the law!

[Whatisthisfuckery]

I’ve spoken to my LL a few times but I wouldn’t say we’ve got any sort of a relationship. He’s pissed off with me for leaving when I’d said I intended to stay, but then he tried to land me with a £25 rent rise this year and unspecified rises of between 3 and 7.5% every 12 months there after, which there’s no way I’m paying for this place.

I have some friends coming in to do a few jobs in the place to get it ready for the hand over. I’ve also got my cleaner coming in to do the end of tenancy clean. The people coming in to do some jobs have said they’ll help me with taking loads of pictures and compiling an inventory report. They are also LLs so know what they’re doing.

I’ve always been present for previous check out inspections and the letting agent didn’t seem surprised a few weeeks ago when I asked when it was so I could attend. There’s nowt I can do about this company playing silly buggers but we’ll be ready for them and I’m not afraid to take it to a dispute with the DPS.I’m not the easiest person to fuck with.

[3ismylot]

Landlords can write whatever they like in their contracts, however, being able to enforce it is another thing!
You are the right to peaceful enjoyment of the property and viewings before the end of tenancy encroaches this. If you have a good relationship with the landlord you are welcome to allow it but they cannot insist.
We once had a rolling tenancy requiring one months notice, we gave our notice on the 1st December as per our rent date. The letting agent tried to tell us could not end our tenancy in December due to the Christmas period and not being able to do check out and viewings etc as stated in our contract. I replied that while the contract may state that, our rights as a tenant did not change and we had given legal notice and would be leaving on 31st December and would post our keys through the office door if they were closed and if they were not happy they were welcome to take us to court to prove us wrong, never heard another peep out of them.
On New Year's Eve we bumped into the actual Landlord at a party and when we explained he apologised for the letting agent's behaviour.

Just say no to viewings and take plenty of photos so you can dispute anything you don't agree with.

[jendalin]

As well as taking photos of everything (ie skirting boards, tops of doors, window sills etc AFTER they've been cleaned, make sure that you keep all correspondence (them telling you that you cannot be present at checkout) as it will help if /when you go the the ombudsman.

[Slippy78]

Why do you think that you should be allowed to be present at the checkout?

The checkout should only be done after the end of the tenancy and at that point you have no longer have a legal right to enter the property. I've been on both ends (LL & tenant) dozens of times over the last couple of decades and have never either been at or had the tenant at any of my checkouts.

[PleasePassTheCoffeeThanks]

@Helloyouthere why do you think neither the landlord, tenant or agency can be present? I have been present to all my check out inventories as tenant (London) and when I requested it the estate agent didn't seem to think it was unusual.

[ToothFairyNemesis]

It says in my contract that I have to make the place available to view. Can they enforce this at the moment?
That’s never legally enforceable.

[PleasePassTheCoffeeThanks]

Oh and don't give the keys back before the check out inventory for them to have work done! Of course they will try to make you pay for any damage and mess that will be left.

[PleasePassTheCoffeeThanks]

I would absolutely insist to attend the inspection. At one of mine's I had the inspector insist that some dark node on a wooden floor were cigarette burns... I had to really insist and make him touch the surface for him to finally agree that it was part of the wood.

Re visits, it doesn't matter what your contract says: the law is the law, you are allowed to say no. It is however usual to accept visits but at times that suit you, and you can say no more than x times a week.

[Helloyouthere]

Hi, I'm a landlord. We rent a property out via a agency and recently had a change in tenant.

My understanding is the check out has to me done by a third party company. Neither the landlord, tenant or agency can be present so that the check out isn't swayed, a pain for both parties but it's the law. It needs to be a independent opinion.

[EdwardsNewJumper]

It’s always been written into my contracts that you must allow the landlord access for viewings as long as you have 24 hours notice.

Also joining in with the law is the law. HogwartsForever11 its doesn't matter what it says in a contact/tenancy agreement, its superseded by the law, so is not enforceable - just good to be aware of if agents try to force your hand on this.

I say this having been both a tenant and a landlord. It's just how it is. I'd always want a quick turnaround but always need a few weeks in between for maintenance so just roll with it if a tenant doesn't want viewings. I've been on the other side and always thought landlords could naff off viewing in my home in my time.

[KatieB55]

"Your tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned.

You don’t have to use the service but if you do, both you and the landlord have to agree to it. You’ll both be asked to provide evidence, and the decision made about your deposit will be final."

I used this when my DC moved out of university halls and they tried to charge a ridiculous amount to repaint walls in the communal area of the flat and in her room. I had taken lots of photos when moving in and out and disputed every point of the checkout report (done after move out). The full deposit was returned as the small marks on the walls were deemed to be wear and tear. It was a fairly quick and easy process.

[vanillandhoney]

@HogwartsForever11

I’m a bit surprised at the attitudes here about making the landlord fill property after you’ve moved out - everywhere I’ve rented they want someone to move in as close as possible to the day you move out, so there’s no period without rent. It’s always been written into my contracts that you must allow the landlord access for viewings as long as you have 24 hours notice.

It doesn't matter what the contract says. The law is the law.

[CharmerLlama]

Once it's empty take hundreds of photos of absolutely everything. Insist the inventory company videos their check too.

[GunthersHair]

Doesn't matter what the contract says. A tenants right to quiet enjoyment takes priority.

They could potentially take a tenant to court for refusing access but who's likely to do that at the moment and when OP is leaving anyway?

[Intelinside57]

Hogwarts it doesn't matter what the contract says, the law is the law.

[mencken]

remember that the LANDLORD (the only person you have a contract with, not the agent) has to prove any deductions from the deposit. Assuming it is protected (and sue his/her sorry arse if it isn't) then just take plenty of photos and raise a dispute if needed.

as you have done, tell the agent that you are not allowing access. The LANDLORD can enforce this by going to court if needed. Good luck with that one in a pandemic, with a tenant who is leaving anyway.

the fact that you (sensibly) allowed the electrician in is of no relevance to this

[HogwartsForever11]

I’m a bit surprised at the attitudes here about making the landlord fill property after you’ve moved out - everywhere I’ve rented they want someone to move in as close as possible to the day you move out, so there’s no period without rent. It’s always been written into my contracts that you must allow the landlord access for viewings as long as you have 24 hours notice.

[Whatisthisfuckery]

I’ll be fucking furious if they find fault TBH. This place was a stinking shithole when I moved in last year. I’ve spent a lot of my own money sorting it out and it’s a lot nicer than when I moved in.

When I moved in the oven wasn’t clean, so if the old tenants had been deducted for leaving it dirty the money certainly hadn’t been spent on cleaning it subsequently. The place was in a right old state, things broken, mouldy, it was noted in the enventory that the lights on the cooker hood didn’t work, this also wasn’t rectified. Most of the fridge shelves were missing, which I had to replace. It was a right old mess.
There are holes in the tiles where I removed the old mouldy bathroom blind and replaced it with a new waterproof one. The old one was in the window recess and water from the shower was pooling on the windowsill which had caused tiles to lift. The new blind sits outside the recess, which has prevented any further damage but I know they’ll try to say the whole room needs retiling. Funnily enough the lifted tiles were never replaced, despite me flagging it up several times during inspections.

[Luckybe40]

Good for you!

[ToBBQorNotToBBQ]

Well done OP.

[Whatisthisfuckery]

I’ve emailed the agent to say that as the inventory company have told me I’m not allowed to attend my inspection because it’s not possible to safely socially distance, I am denying any viewings and refusing entry to the property. Two can play at that game.

[Luckybe40]

I can name and shame too if anyone is interested in who NOT to use!