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Inventory CheckOut used as CheckIn for new tenancy

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Author Topic: Inventory CheckOut used as CheckIn for new tenancy  (Read 108 times)
Newbie
Posts: 2

I like property

« on: May 30, 2022, 07:06:00 PM »

Good evening,

I have been advised that using CheckOut Report as a substitute for an Inventory CheckIn for a new Tenancy is not best practice.
The reason given is that the TDS  does not allow offsetting any portion of a  tenant's deposit to cover any damage or non-performance eg professional cleaning etc.in the absence of a fresh Inventory Check In.
Could anybody enlighten me on this point please?

If this is the case - and presumably having to hand back 100% of the deposit - then is going to The Small Claims Court my only option?

I am an "accidental landlord" who appears to have fallen foul of this TDS condition. Any advice would be gratefully received. I am informed by a contractor who carried out some minor interior works that the existing tenant has trashed new carpet and cracked a window during their tenancy. If what I have learned about the TDS is correct then going to Court seems the only remedy.
Full Member
Posts: 225

I like property

« Reply #1 on: May 30, 2022, 09:27:47 PM »

The issue with using a checkout report can sometimes be the date.  How much of a gap was there between the checkout and the new tenant moving in? If the gap was more than a few days the tenant can easily argue it is invalid and not representative of the property when they moved in.  Were they given a copy of the checkout report explaining this was their check-in?  If not, then they haven't been given the week to check the report and have the chance to say if anything has been missed.

However, if you have receipts or invoices proving the date and cost of the new carpet the DPS will take this into consideration. If the checkout report shows no cracked window and the tenant hasn't reported a cracked window then they will likely take this as caused by the tenant.

By not getting a new check-in you have made things more difficult for yourself, but not fatally so.
Newbie
Posts: 2

I like property

« Reply #2 on: May 31, 2022, 07:49:59 AM »

Dear Inspector,
Thank you for your wise words.
A fortnight elapsed between the change of tenancy, during which time some cosmetic enhancements were made which were of only a minor nature.
I shall find out if the Tenant was given a copy of the previous Check-Out and was advised this was to be used as the Check-In. The process was handled by the letting agent.
Thank you,
Jafsie
Full Member
Posts: 225

I like property

« Reply #3 on: June 02, 2022, 02:02:29 PM »

Also to answer a question in your first post, there is no need to go to a small claims court.  Gather the paperwork to support your position then if the  tenant has created damage you can propose a deduction through the deposit and go through the DPS if required.
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