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Leaving a Rental Property Help

Last activity 25 June 2020 by dlane1987

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dlane1987

Hello,

So in March I handing in our notice and let the estate agent know we would be going to the UK.  She said that is fine 31st of July will be our last day and an exit survey must be done after we have left. She has kept asking about the 30th as she wants to do something on the 31st.  I kept replying that I don't see  a need for her to be present while we move and she could collect a key anytime before we leave.  Yesterday she has told me that I have a legal obligation to be present at the exit survey. 
This is a concern for me because I have planned everything to return to the UK on the 31st.  I can not change the dates because things have been paid for and travel permission has been granted.   I can not return for a quick visit due to both countries implementing a 14 day quarantine and very few if any hotels accepting people.

My question:  Is there a legal obligation for my physical presence or can the survey be done without me here?

phipiemar

Hi,

The inventory is the document which reports, room by room, the state of the rental at the entry and exit of the tenant. To establish this inventory, the presence of the lessor and the tenant is desired. The lessor or owner can nevertheless make the inventory without the presence of the tenant, if an agreement between the two is made before. However, if one of the two parties is not present during the inventory, the validity of the document is questioned. Justice will consider that the accommodation has been left in good condition at the entrance of the tenant, if the latter is absent.

How to be replaced for an inventory?
If the tenant cannot be present during the inventory, either the inventory of fixtures or the inventory of fixtures, he must be represented by a relative or a member of the family with the lessor or agency. In other words, he can make a power of attorney, that is, he delegates to another person his power for a defined act: the other person acts on his behalf.

The lessor may also be unable to be present on the day of the inventory. Like the tenant, he can also call on an agent (more generally a real estate agent or a bailiff) so that he represents him during the establishment of the inventory.

What consequences in the absence of the tenant during the inventory?
In the absence of the lessor or the owner, the inventory will lose its legal value. Otherwise, the rental will be considered to have been returned to the tenant in good condition. For the document to be valid, it must be written and signed by both parties.

The inventory is valid if it has been established in the presence of the tenant but the latter has not signed it and if the two parties have agreed on the content.

dlane1987

Thank you very much.

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