The
inclusion of photographic or video evidence is optional,
however it can be extremely useful not only to provide
an overview of each area and detail any specific item
of interest or value.
In
case of dispute and the parties cannot reach agreement
as to which items have been damaged, the severity of
the damage or the repair or replacement costs then photographic
or video evidence can be used to highlight damage.
Inventories
should be taken just prior to the tenant moving in and
the condition of each item entered on the inventory
should be agreed with the new tenant. This should be
done on moving in day and signed and initialled on each
page to signify agreement by each party. A copy of the
inventory is held by both the landlord and the tenant
in order to avoid disputes at the end of the tenancy.
Taking
a detailed inventory is a step often overlooked by landlords
often with expensive consequences and could prevent
a lot of unnecessary disputes between tenant and landlord.
It
is advisable for landlords or agents to make regular
inspections when managing a tenancy.
Inspecting
on a regular basis say every 3 months, with at least
24 hours prior notice of visit given to and agreed by
the tenant, to compare the inventory with the current
condition should be perfectly acceptable to both parties.
An
end of tenancy inventory should also be completed by
the landlord, letting agent or independent inventory
clerk and agreed by the tenant just before the tenant
leaves so it can be made clear what damage, if any,
must be paid for before the balance of the deposit is
returned. It is vital that the inventory is checked
prior to the tenant leaving so there can be no argument
about any damage occurring after the tenant has left.
The
deposit should only be handed back with if there are
no outstanding issues when the inspection is complete.
If
items have been damaged and there is agreement upon
responsibility then estimates should be sought for repair
or replacement and the tenant informed of all costs
in writing prior to amounts being deducted from the
deposit. If the deposit doesn’t cover the amount
needed to carry out the repairs, the tenant should be
invoiced itemising all costs involved for additional
payments. If the tenant is insured, this evidence should
be provided for the insurance company.
If
items need to be replaced then it’s the landlord’s
obligation to consider betterment. This means that the
original age and condition of the replaced item should
be taken into account when estimating the replacement
cost.
It
is possible that any disputes over such matters may
eventually need to be solved through arbitration by
a third party – most usually, the Small Claims
Court.
In
order to avoid liability great care should be taken
when:
Recording
the state and condition with photographs
Obtaining
estimates and repair or replacement costs
Informing
the tenant/landlord in writing
If
you are uncertain as to how to complete an inventory
it would be a wise idea to call in a professional independent
service or leave the matter to your letting or managing
agent, who should have some degree of competency.
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