Does L have to give T opportunity to fix end of tenancy repairs themselves?

Hi Luke

Why couldn't the tenant make good whilst the tenancy was running, i.e. before the end of tenancy checkout?
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Hi Luke

I don't think that would be a legal requirement for you to allow the tenant to do that, though if the offer is there it may be good practice, depending on the situation.

As Mark says though, the question does have to be asked why the tenant couldn't put it right earlier.

I am not involved in this scenario, just wanted some views.

The tenant cleaned and emptied the house and returned the keys. The agent couldn't conduct the check-out there and then so went a couple of days later when they had time (alone, tenant was then at work).

They threw up a few points of minor cleaning (which the tenant disagrees with...as do I as I have seen the photos and the place is spotless and would be more than happy if all of mine were returned half as good), but now the agent is saying they have to speak to the landlord and decide if he is willing for them to return to 'put right' the 'problems' (soap dish in shower requires a clean, kitchen worktop needs a wipe).

The 'issues' are quite simply pathetic, but as the agent asked if the tenant would like to put them right themselves (otherwise they'll be obtaining quotes) and they have opted to do the 'work', thus not dipping into their deposit, they are now not certain whether the landlord will allow re-entry.

I wondered where the tenant would stand on this considering he is electing to make good anything they take fault with.

Well if it was my property, I think I'd just say I'll sort it myself.
I don't think I'd make any kind of deduction from the deposit for issues like you've described though. as you say, pathetic.

That is exactly what they are hoping the landlord will do. But he is very new to the rental game and is being led by the agent, so if the agent is telling him he might be able to deduct £50 here or there to cover a spot of cleaning (not that it is required, but it's always nice to have...as the landlord will no doubt think)...

They have even mentioned a cobweb! Dirt on window was listed and whilst they may not have been clinical, the photos I am looking at show a perfectly normal window that might even sit in either your or my house this very second.

What puzzles me is why the agent never stated the levels of cleanliness on the items in the inventory at check-in, but yet wishes to pass comment at check-out. The inventory was a pre-printed form with the default status on all items as, 'good'. Unless the tenant specifically pointed out an issue right there and then within the handful of seconds that both they and the agent were glancing at that particular item on the list, then the pre-printed 'good' was taken to be the accepted standard.

They were also told by the agent to sign it off there and then, not given any further time to inspect a little closer in the first week. I note that the agent is TPOS member whose code of practice state that 7 days is what a tenant should have to scrutinise the inventory.

They are also an ARLA member and this sort of behaviour by fellow agents makes me annoyed because it is exactly this sort of thing that leads Councils to believe licensing etc. is necessary.

Just agree to a full refund, if you don't and the tenant opts for arbitration you will be in for a world of grief and from what you've said, you will lose anyway!

Clearly the inventory wasn't up to scratch in the first place and now the agent is penny pinching. My suggestion is that you change agents.
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Mark, it isn't mine. I am an agent. It's some friends that were renting and asked for my advice. As I don't take deposits, I thought I'd see what the forum members take on it was 🙂

Reply to the comment left by "Luke P" at "12/05/2015 - 13:17":

LOL - in that case I suggest you advise your friends to read this forum and give you their business 🙂
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Just in case this does drag on, I will continue to update on the progress. Where it stands at the minute is that the agent has conducted their (very) nit-picking check-out inventory and now they are waiting for the landlord himself to go around and cross-reference everything on it to decide whether or not he wants to make a claim against the deposit.

I thought 10 days from the date of move out was the timeframe for getting back a deposit/lodging a claim, no?

Could anyone clarify if this is the rules or just guidelines and if it is 10 days or 10 working days etc.

I find this situation really annoying. My brother has just had an almost identical scenario. He lived in a flat in Worthing for 7 years and paid his rent on the dot. A few weeks ago when he was due to leave, having given his notice, the agent said there were a few marks on the walls. I advised him, to be on the safe side, to give the whole place a lick of paint, so that they couldn't say anything about marks and I also advised him to get a receipt when he dropped the keys off at the letting agents as I smelt a rat. He took photos of how he had left the flat immaculate. None of my tenants do this and I would not expect them to re-paint the house before leaving, but he has been made redundant and a few pots of paint didn't cost a lot. He has moved back to South Wales and last week received a 20-page document with photos including all the various works needed to be done at the flat - such as repairing the misted-up double-glazed windows. There was even mention that a 7-year old doormat wasn't clean. They deducted about £150, and he agreed as he needed the other £600 and couldn't face a wrangle and delay in receiving the money. These letting agents and landlords (apparently they consulted the landlord) are despicable in my view and have preyed on him in a rotten way. In fact, I would like to name and shame them, but am not sure if we could get into trouble that way.