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Double check out

Re: Double check out

Postby atticus » Wed Oct 01, 2014 5:56 pm

The question to be addressed is what the parties have agreed, what the checkout process with the agent signifies, if anything.

I suspect that too often this is not made clear, and that the different parties proceed on the basis of different assumptions.
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Re: Double check out

Postby dls » Wed Oct 01, 2014 6:16 pm

A clear rent receipt is an acknowledgement that the tenant is not known to be in breach. A tenant on leaving might demand a receipt.
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Re: Double check out

Postby atticus » Wed Oct 01, 2014 6:58 pm

Tricky if rent is paid in advance.
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Re: Double check out

Postby theycantdothat » Thu Oct 02, 2014 9:42 am

atticus wrote:I suspect that too often this is not made clear, and that the different parties proceed on the basis of different assumptions.


That is of course the sort of situation I am interested in. What is a tenant entitled to assume if at the time of the inspection the landlord and tenant agree how the terms of the tenancy have been breached by the tenant? If the landlord can go over the property again a week later and advise the tenant of further breaches, he can presumably do so again a week after that. How is the tenant to know when a definitive list has been supplied?
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Re: Double check out

Postby atticus » Thu Oct 02, 2014 12:28 pm

As a property lawyer, you will know that one purpose of a contract is to bring clarity to the parties' rights and obligations, so as to eliminate the misunderstandingsthat arise from a want of specificity and people proceeding on differing assumptions.

Any agreement needs to be clear as to its meaning and effect.

Assumptions are best avoided.
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Re: Double check out

Postby dls » Thu Oct 02, 2014 3:29 pm

How is the tenant to know when a definitive list has been supplied?


he and the landlord prepare agree and sign a schedule of dilapidations which says as much.
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Re: Double check out

Postby Smouldering Stoat » Thu Oct 02, 2014 5:18 pm

But that isn't what happens. At best the tenant and the agent go round together, and sometime later the tenant gets a schedule in the post, which may or may not bear much relation with what was discussed at the check out. At worst, the tenant just gets the schedule in the post.
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Re: Double check out

Postby atticus » Thu Oct 02, 2014 6:34 pm

I would advise a tenant to push to get something suitable signed, so as to avoid the kind of situation discussed in this thread. Agree some ground rules ahead of check out.
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Re: Double check out

Postby theycantdothat » Sat Dec 17, 2016 11:45 am

I should like to revisit this one.

Essentially the answer I was getting was that you need to agree beforehand, and when I asked what the position was if there was no prior agreement the response was to agree beforehand.

So here is a scenario, which often arises in practice at the end of short term residential tenancies:

The tenancy agreement requires the tenant to leave the property in a state consistent with the performance of the tenant's repairing and cleaning obligations. There is nothing at all in the agreement about how the condition of the property is to be assessed at the end of the tenancy. On the last day of the tenancy the landlord's agent arrives to do the check out inspection. There has been no discussion as to the effect of the check out. The agent and the tenant go round the property together. The agent says the property is in good condition and says he sees no reason why the landlord should not return the deposit in full. Nothing is said other than that. The tenant hands the keys to the agent and leaves.

A few days later the landlord informs the tenant that he has made his own inspection and found some wants of repair. What the landlord has found is (ignoring any question of whether he is bound by the agent's conclusion) sufficient to warrant a modest deduction from the deposit.

Is the landlord bound by the agent's assessment?
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Re: Double check out

Postby dls » Mon Dec 19, 2016 6:03 pm

There would be, I think, a rebuttable presumption that an agent's assessment binds his principal. That was the purpose of the meeting.

As I say it is rebuttable by appropriate evidence otherwise.
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