07/06/2006
One of the commonest reasons for disputes between landlords and tenants is the inventory on a residential rented property. "And I am constantly surprised by the number of tenancies that do not have an up-to-date inventory." says Stephen Goddard of A120 Lettings, in this series of regular features on letting property.
The inventory – or inventory and schedule of plight and condition, to give it its correct title – should be performed at the start of each and every tenancy. It is the description of the contents and the condition of the property before a tenant moves in, and is used as the benchmark against which the condition of the property is judged at the end of the tenancy. Even in unfurnished properties an inventory must be performed and should include a description of the condition, e.g. state of decoration, paint colour, any marks or defects in carpets, furnishing etc.
Any damage or loss will be deducted from the security deposit or bond which is held specifically for this purpose.
However, as in life, not everything is straightforward as we have to consider the topical subject of ‘fair wear and tear’. A home and its contents will suffer from fair wear and tear whilst it is occupied, irrespective of who is living in the home, and this has to be taken into account when calculating any deductions from the deposit. The degree of fair wear and tear is open to discussion, but a few rules of thumb can be applied. It is accepted that a house should be redecorated every 3 years, for example, and carpets will last for approximately 5 years before they need to be replaced.
One of my recommendations is to have the carpets professionally cleaned before each tenancy, so that the tenants move-in with clean carpets and have to leave with clean carpets. It is also my belief that the better the condition of the property, the easier it is to detect damage and, more importantly, easier for your tenants to maintain it in good condition.
It is also important to realise that in the rare occurrence that a dispute cannot be resolved and the case goes to court, the court will err on the side of the tenant unless a full and detailed inventory is available. Utilising an independent inventory clerk who is a member of a professional body such as the Association of Independent Inventory Clerks will ensure that the court will take a more balanced view on the matter.
Sadly, although digital photographs are a useful reference guide, they cannot be used as evidence due to the fact that they can be readily edited.
But we have to put this into perspective, with only about one in 20 tenancies ending in dispute over the inventory and deposit. To ensure that you’re one of the happy 19, make sure an accurate inventory is done every time and keep talking to your tenants, as most differences of opinion can be easily resolved by negotiation. |