No inventory ………. oh Dear!!

Hi,
why not do a landlord inspection as soon as possible, if the place is in reasonable condition and they have paid their rent , you can really assume that a months deposit spread over three years is probably fair wear and you could easily have spent more on agents fees advertising and voids, so dont worry about it, you have to take a view of taking the rough with the smooth as a landlord and stressing over a few hundred quid is counter productive, if on inspection you find the place is in an unacceptable condition and you fear for the structure of the building, chuck them out , flash it over to get it back to a clean , presentable condition as quickly as possible and learn from the mistake never to take a chance on a tenant, if in doubt say NO.
I would not argue about the deposit as you wont have a leg to stand on and your energy is better directed doing something positive. If the tenants are pleasant establish a good relationship with them and do an inventory as of now. I know I am lucky but I rent out more than 20 properties all to very nice people , with 100%of the rent paid on time into my account each month, and I have never had cause to hold back deposits, so you might well end up lucky too, I hope so.
Good luck Andrea

Very good point regarding the need to check deposit registration Mowt.

Every comment has a valid point.

If the tenants are happy and appear to be staying for another few years leave well alone and refurbish in the future.

Do you have insurance, you could ask for an inventory (and take photos) to update for insurance purposes.

Are the tenants just a regular no problem family? Are you on good terms with them? Are they paying there rent on time etc. Call on them, have a look inside the house, if all seems well and they are not leaving soon no problems. ASK THEM if they have any problems with the contents.

You are between a rock and a hard place. You might even tell them you perhaps want to part refurbish now, more the reason if some the items are old or really worn (were the contents new when rented 3 years ago?). A smaller investment now to keep a good tenant happy (and get a new inventory sorted) may be more rewarding than a previously good tenant becoming a bad tenant through hassle leading to unpaid rent, void periods etc.

The big picture is not a few pounds more or less, it is a happy tenant, paying on time who looks after the property and stays.
This is much better and more profitable in the long run.

Perhaps you may even buy a few more properties???

It is good that your tenants have been there since the property was purchased. They may well be as concerned as you are, with reservations as to how the New Landlord (YOU) may treat them. This, I feel, works to your advantage in that it affords you the opportunity to establish a rapport with them in reassuring them (presumably) that you have no intention of having them move on, nor that you have any intention to sell the property from under them. Agree to meet with them to view the state of the property (and record/take inventory with camera), to see what if anything needs to be done - some of which they may want to do (as it IS their home).

Talk about the possibility of a Rent Review and establish a Time Frame when you would like to revisit the property - possibly on a three monthly or six monthly basis. You could include a regular Rent Review with your visit.

I think it best to assume that they are NOT looking to move on. Hopefully after viewing the property you will not want them to move on either and having made the contact and established the above you will be better placed in dealing with this property and its tenants.

How about asking the tenant/s if they would agree to an inventory to record the condition now?
Use the `..lets start again..` approach with uber charm.

There are a few things which need to be looked into, firstly is the deposit registered, Has the correct prescribed information been served and what is the state of the property?.

I would suggest meeting with the tenants, introducing yourself and subject to the property being in reasonable condition ask if they would like to sign a new tenancy agreement, this will enable you to protect the deposit in a government approved scheme and serve the prescribed information all at once, which will combat two legal hurdles you are facing.

In your circumstances I would employ the services of an inventory clerk to take the inventory as it will be a time consuming process going through with the tenant what does, and does not belong to them, this will ensure that the job is done as accurately as possible without the property being vacant.

I think this is probably the most logical and legally sound way of over coming your predicament.,

Hi. An inventory is a record of the property's condition at the commencement of the tenancy so that you can compare damage at the end of the tenancy. As you did not have an inventory at the commencement, it is now going to be extremely difficult to allocate any damage that your tenants may have caused. I think you are in to "damage limitation" territory now! As other people have commented, it is probably better to approach the current tenants to say that you are now taking over dealing with the property and would like to get things in order, and this means having an inventory done. Unfortunately you will struggle to keep anything from the deposit relating to damage that you feel they have caused to the property in the first 3 years as you will have no proof that it was done by them, but at least you will have a record for the next however many years they stay. Unfortunately, even if you have photographs of the property beforehand, if these have not been signed by both parties, they can not be used as the tenants can simply say that they were taken long before their occupation. If you do have an inventory done, it would be worth paying a professional, or doing some proper research in to the best way to do an inventory. There is plenty of help available on the web. You should also check the deposit is lodged correctly (with the correct landlord names), and the tenancy agreement. Is this in both your names? Should it be? If it is still in both your names and now there is only one of you, you may need to sign a new AST, or at least serve the appropriate notice relating to the address that correspondence should now go to etc. On the positive side, you have had a good long run with these tenants, and no voids in 3 years. Hopefully they will stay for a long time, and you certainly don't want to scare them off. As a landlord, it is entirely reasonable that you would want to have your paperwork in order, and hopefully they will understand that. As another person commented, perhaps it is worth an interim inspection to see how they are treating the property. If everything is being kept well, it may cause more trouble than it's worth to have an inventory done at this late stage!

There is a few things to go over.

Are you listed on the tenancy as the landlord?
If not then you need a new tenancy drawn up AND a section 47/48 notice

The bond is registered to a landlord?
If the bond is registered with a insurance scheme then you will need to re-register for a new tenancy or make sure they has been notified that it is in Statatory Periodic. Remember to give a papers required.

What to do about the Inspection?
If the property is furnished and of a very high standard, get one done. BUT you will always get jobs from a tenant when you do this! What the property was like before the inspection was done is by-the-by you'll just have to move on. You could go down and just do the "I've taken over and i just need to see if everything is OK. I'll take a few pictures for my records". If they are happy and you accept that you 'may' have to give the bond back then don't bother - remember is only one month's rent which doesn't go far anyway and just think of all the fees for finding another tenant and a void of a month's or more rent and the fact the property will always need something doing to make it acceptable for a new tenant. If the tenant is a good'en then they may on moving out say "We spilt some wine in the livingroom just deduct it from the bond" and if you have a good repport then much of the offical route is done away with.

Agree with Colin, get a good agent otherwise you may fall foul of diverse legislation, and good ones are not necessarily any more expensive. Where I live my agent who is brilliant, is one of the cheapest. For a start it sounds as though you don't have an agreement in which case the inventory is a minor inconvenience in comparison

I agree with Chris, a meeting with the tenants would be good to establish their intentions with regard to renewal, as there is not a lot you can do about what has already happened as any claim against the deposit for damages without an Inventory to support will not stand up.

A new start, with your tenants signing a new AST gives the opportunity to complete a full Inventory/Schedule of Condition Report with photos, register their security deposit and issue the prescribed information to comply with the deposit protection legislation.

If the tenants decide to give notice, again you will not be able to make a claim against their deposit without proof, so this would be a case of biting the bullet and taking a hit on any repairs that may be required.

Hopefully the tenants have taken care of the property during their tenancy and the first scenario will resolve the issue.