Claiming for End of Tenancy Damage: Independent Documentary Evidence is VITAL
Published on September 4, 2016 by Sarah Mac
Imagine your last tenant has left your property in an horrendous state. They’ve been drying clothes indoors with no proper ventilation and they haven’t even bothered to open windows and use the extractor fans in the kitchen and bathroom. There is mould growing everywhere. Walls and ceilings will have to be treated and painted, tiles properly cleaned and grouting renewed. The bathroom sink has a large crack right across it.
No-one has cleaned up spills on carpets and the laminate flooring has been damaged by furniture being dragged around. Stacks of rubbish and personal effects have been left behind. Two chairs have been broken and pushed out of sight behind the sofa which also has food and drink stains all over it. Every room will need a deep clean and the carpets, some of the furniture and kitchen appliances may need to be replaced.
A Real Life Landlord Nightmare
In a recent actual case where students had been renting a property, some of the damage included broken locks, missing light fittings, gouged walls, burn marks on ceilings, holes drilled into doors, large volumes of rubbish in the garden, scratched flooring and radiator brackets pulled out of the wall, the cost of rubbish removal alone was £250, and the deep cleaning needed added up to £800. The total cost to repair damages was £2645. Up until 2013, this landlord was never able to reclaim for the damage to his properties in full, because he had not invested in a professional inventory and check-in/check-out. The costs had a significant bearing on his profits.
However, these days – thanks to a worthwhile investment in a professional inventory and check-in – this landlord has the documentary evidence he needs to make successful claims for deductions from his tenants’ deposits. Including on this particular occasion.
How Can you Cover the Cost?
In your own scenario, it could cost something like that for you to bring your property up to scratch. You should be compensated, but what can you do? You might think you can automatically make a claim from your tenant’s deposit.
But with the deposit held in a tenancy deposit scheme this means it remains the property of the tenant. Unless the tenant agrees, the deduction will not be permissible without you going through independent adjudicators who will look at the situation from both sides. You will need a cast iron case with evidence to prove that the damage has happened during the tenancy and the tenant has breached your tenancy agreement.
What Will Constitute this Evidence?
According to the Deposit Protection Service (DPS), “If you’re involved in a dispute with your tenant you’ll be required to submit evidence, which can include; photographs, inventories, invoices and/or other relevant information. You’ll need to supply this within a specified timescale. Our adjudicator will consider all of the evidence submitted and decide how the deposit should be distributed. The more evidence you can collect the stronger your case will be.”
A well-documented inventory that has been checked and signed by the tenant on arrival and departure is vital. If the inventory has been compiled by an independent professional it will carry much more weight than one that has been drafted by the landlord. The DPS website recommends that you “Consider the use of an inventory clerk. These are professionals who understand best what needs to be recorded when tenants arrive – and how best to assess and demonstrate change at the end of the tenancy.”
How is a Professionally Produced Inventory Different from an Amateur Report?
A professional inventory and check-out report will typically cover 30 or 40 pages of exceptionally detailed evidence of the contents and condition of a property as well as embedded photographs that show the damage being reported. A trained inventory clerk will clearly mark on the report what is considered tenant damage and what is fair wear and tear. They will record the schedule of condition including what cleaning and maintenance is required in order to return the property to the exact state it was in at check-in.
A professional inventory will cover every room and area of the house in intricate detail. It will even record meter readings and photos that include the serial numbers of the meters. Tests of smoke and carbon monoxide alarms will also be recorded, as will details of all locks and keys.
Why Invest in a Professional Inventory?
Nothing is left to chance if you have a professionally prepared inventory. Without this, and an equally detailed check-out report, you are unlikely to be successful in claiming what you should be entitled to. An adjudicator will usually find in favour of the tenant if there is insufficient evidence to suggest they were responsible for damage. In other words it is down to the landlord to prove damage has been caused by a tenant, not down to the tenant to prove their innocence.
As the Tenancy Deposit Scheme (TDS) says, “The importance of a properly completed inventory cannot be underestimated. It must be robust and defensible if it is to be held up as a proper indicator of the facts and therefore viewed as acceptable by an adjudicator or court. Tenancy deposit protection schemes do not disregard, out of hand, inventories that are not prepared by independent companies or individuals. However, they are likely to place less weight on their contents.”