to think rental inventory should be done on check-out?

[ginghamstarfish]

Our tenancy is ending in 2 weeks. Letter from agent saying we should give back keys before or on the end date, and they will do an inspection re deposit 5 days after that. We do not agree with this! When we moved in we asked by email for confirmation that when we left, we would do the inventory together with the agent, and have the deposit return signed off on. They answered yes.
However now they are saying they will do the inventory 5 days AFTER our check out, that they will take photos and send to landlord who will decide re return of deposit. He is not in the country and has not seen the house AT ALL as he bought off-plan. We also think it wrong to hand over keys, with the condition of the house being our responsibility for the next 5 days when anyone could be coming in, new tenants shown round etc. We are insisting on doing the inventory together with them before or on the last date of our tenancy. Anyone know what rights we have here? Can see nothing in the contract.

One of my ex landlords had a very dodgy agent who didn't realise the flat was on to let with more than one firm, moved a family in on a holiday let, while it was supposed to be empty and pocketed the cash. The family did a lot of damage in the few days after we moved out, but lucky for us, they were found in there and we got our full deposit back. You're not being unreasonable to expect that someone meets you there on the day you move out, to do the check out - and you can point out to your agent that they would be on a very sticky-wicket if they tried to make deductions re inventory and you had not had access to the property for several days before the inventory was taken, and you'd actually tried to get them in earlier than that.

However now they are saying they will do the inventory 5 days AFTER our check out, that they will take photos and send to landlord who will decide re return of deposit.

Nope. The landlord does not get to say anything about the return of the deposit. If he wants to claim for any damage and withhold any money he has to provide extensive evidence to the Scheme holding the deposit - assuming that he (or the Agent) has actually placed the deposit into a Deposit Protection Scheme as they are legally obliged to do. OP - have you been provided with the details of which Scheme holds your deposit? If the deposit has not been lodged, then the landlord is in deep shit and you are in a very strong position.

If they do not agree to do the inspection on the day you move out, make sure that you photograph absolutely everything (you did remember to do this when you moved in, didn't you) using your phone so that all the photos are date-stamped.

Seeing as the LL is overseas, I'm guessing the property is fully managed by the agent? If that is the case, then the agent is not being honest. They are trying to minimise their role and trying to make you think it's the LL's decision as to whether any money will be kept so that you don't give them a 'hard time' in the event of money being retained. It's that nasty old LL who is overseas and I guess who you don't have contact details for.
The agent will in reality likely try to get the LL to accept either full return of deposit or near enough. If agreement can't be reached, it is only then that it will go to the scheme to be assessed. In my experience, this is the last thing they will want to do as it's just paperwork for them and makes them no money. They will have to send them the check out report but the scheme will take into account the 5-day delay. You will also get chance to send the scheme the 5-day email.
The agent will be focussed on getting new tenants and they will want to show the LL what good tenants they found in you, and how you left the flat in way where no/little work is needed for the next tenants, and how they can do the same again.
The LL will likely get more rent from the next tenants just because of the market so is not going to worry too much about the deposit presuming all is well.

Leave it nice, take lots of pics and you should be right.

Yes the deposit is with the DPS. I have contacted them today and said we could not agree with the inventory done 5 days later so they have now agreed someone will meet us on the last day of tenancy. We will have moved a few days before and been back to clean. However they still say they cannot sign off on the deposit at that time as it needs to be discussed with the landlord. Still seems wrong to me! I wonder about filming the process, or getting the guy to state that he has found nothing to warrant any deduction in deposit.

It's quite normal to discuss it with the LL. It is them who is the agent's client and them the agent will have an ongoing relationship with.
I don't think it's fair to film someone while they go about their work, probably not even legal.
The person doing it should be a check-out clerk who is subcontracted by the agency.
There are procedures in place to protect deposits for both parties. Not fail safe that's for sure but there ways to seek redress should you have any problems. I understand you want to get it sorted there and then but it doesn't work like that.

You don't have to be at check out. You will be able to dispute any claims when you receive the final report.

I took photos on the last day. Agent did inventory check about a week later . Landlord tried to claim deposit for all sorts.
I showed:
before and after pictures if garden showing it was better when I left
My leaving pictures vs agent pictures a week later showing dust was from the week it was unoccupied
Asked for proof of professional clean before moving in and receipt for professional clean on moving out (as they clearly didn't bother - I also provided photos of the cleaning stuff they kept in the garage to do it themselves)

All his claims were rejected.

Of course it has to be discussed with the landlord!
It's the landlord who decides whether they want to retain any of the deposit for repairs. They will let you - usually via the agent - whether they want to retain anything and if you disagree you can involve the DPS that will review the evidence from the landlord and decides whether the charges are reasonable or not.
I believe they have 10 days after the move out date to let you know. If the DPS is involved the amount challenged is witheld but you should get the rest back.