How can a check out inventory be completed when I never signed a check in inventory?

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Long story short, I was placed in a private property through the council as I was homeless during my first pregnancy. I never paid a deposit as the council provided the landlord with a cash incentive for housing someone who’s rent is fully paid via UC.

Even though the property is managed by an EA, all the usual things that happen when you rent, were never carried out. One of these things was a check in inventory. There is nothing to confirm the awful state that I found this property in when I was housed here.

I’m now moving into a bigger property and have made the EA’s aware of my moving day. A relatively new manager got back to me and said that he’ll pass my details on to the inventory clerk company so that they can arrange a time to carry out a check out inventory. I let him know that I hadn’t had a check in inventory, he checked my records and said that he’ll contact the landlord to see what he wants to do.

I just heard back from the EA who said, ‘We are aware there hasn’t been a check in however the clerk will use the previous check out for comparison purposes.’ How does that even make sense? The property was empty for a very long time so using the previous tenants check out has nothing to do with me surely? Just wondering where I stand legally really! TIA

If they try to keep any of your deposit based on the check out condition, they won't have a leg to stand on. It makes no difference whether there's a check out or not, so I'd just do it.

They can carry it out, but it doesn't mean anything. They can't make an accurate comparison, so it isn't evidence of anything they should wish to prove.

Thank you both, I did think this was the case

@MeowCatPleaseMeowBack I don’t actually have a deposit so they couldn’t take anything from me if they tried!

You didn't pay a deposit and you would get a deposit back.

As long as you don't leave it looking like a shithole, I cannot see any problem for you.

Make sure you photograph every inch of every room, just to cover your own back though.

Sorry, I did read that in your OP and promptly forgot it!

Just say the property was vacant for a very long time before you moved in and it was handed over to you in an awful state (if you have pics that’d help) so there’s no point the landlord paying for a checkout inventory given the situation as it won’t be evidence of what the property was like at the beginning of your tenancy. Once an EA tried to make us pay for a check out inventory when none was done to begin with. I just refused and pointed out the place looked better than when we moved in and I expected our deposit returned in full, which is was. If there isn’t an inventory done when you move to your new place, just make sure you take plenty of pictures yourself of any damage, wear and tear etc

Annoyingly, I don’t have pictures of the property from when I first moved in. I was so excited to no longer be in temporary accommodation that this didn’t even cross my mind! I’m unsure on how the EA and landlord think they can compare a previous tenants check out inventory when it sounds like legally they won’t have a leg to stand on…

Thank you @Kiwi09 I think taking pics of the new property will be a good idea.

It might be best to do a checkout inventory for your own benefit, to prove the state of the property at the time you leave. Take pictures of each room. This will help you if the EA or landlord try to claim damage or loss. If you have photos and an inventory then it protects you from being open to any accusations of damage that you actually didn’t cause. For example, if the property is empty for a few weeks and mould starts growing, you’ll have proof that it wasn’t caused by you living there / wasn’t there when you lived there. It just protects you from any future possible accusations.
It seems excessive, but I work in property and occasionally deal with rentals, and unfortunately have heard some horrid stories. Do whatever you can to prove that you’ve kept the property in good condition, even if you have nothing to compare it to from when you moved in.

You can go through the motions of the inventory but there will be nothing for them to reference any losses or damages against. Waste of time really!

The EA will just be trying to make money out of providing the check in/out service, so just be calm and confident when dealing with them and point out what a waste of time and money it will be because the place was in an awful state when you got it and obviously the landlord can’t have been aware of that because it wasn’t sorted prior to you tenancy beginning. Then mention you’ll obviously be leaving it in a much cleaner and tidier state than you found it, which is suitably vague but sounds good 😆
Taking photos was very helpful when I left my last rental too.

You didn't pay a deposit so it won't affect you but legally they can't deduct from a deposit if they don't have evidence of the condition when you moved in. That's the council's issue to worry about not yours.

The landlord may have done photographs and an inventory immediately prior to handing over keys as a baseline (it sounds like this is what "using the check out.inventory" means) - if there was a long delay you'd be getting something dustier but there shouldn't be huge differences in things like damage, marks on walls, missing curtains etc (damp being the one possible exception if it was left unheated over winter).

Even if this is the case, doesn’t the tenant need to sign the document to agree that they found the property in the same condition? That’s how I’ve always known it to be anyway

If you don’t have a deposit to be returned then I don’t think this is an issue to worry about. They’d have to pursue you privately and if they have no proof of how the property was given to you then they don’t have a leg to stand on and I’m not sure they’d bother anyway

Aiui that isn't a legal requirement, though I agree it is definitely standard practice - the burden of proof would lie with the landlord to demonstrate that this was definitely the state at handover otherwise (which could hypothetically be done with e.g.: date-stamped images from the day the keys were picked up etc but would be much harder to prove if anyone wanted a fight about it).

When moving to a rented flat 3 months ago, the inventory agent went around with me and i checked everything in the flat. Including the condition, any marks or the walks, floors bathroom etc...I then to photos of everything. It us worth doing especially if you have had to pay a large deposit. In your case, they might be trying to claim money from the council. Make sure you photograph you new place.

Thank you all for confirming my thoughts! I’ll go along with it but it’s more or less a waste of time from the EA/LL’s point of view. Will definitely take pictures when I move into the new place

If there was no deposit you've nothing to lose. Tell them you didn't sign anything (if they think different, ask them to produce it) and therefore won't be letting them in. And then don't.