New data from the Deposit Protection Service (DPS) shows that 37 per cent of disputes were a result of damage to property and redecoration, 24 per cent were for cleaning and 7 per cent were for gardening in 3,659 adjudications between June 2011 and January 2012. According to the Association of Independent Inventory Clerks (AIIC), many landlords are leaving themselves vulnerable to disputes because they are simply not getting their paperwork in order.
Landlords continue to have a poor record in winning tenant dispute cases and this could be changed dramatically if they ensure a few simple procedures are put in place at the start of a new tenancy agreement.
Pat Barber, Chair of the AIIC, said: “It is vital that landlords and agents ensure there is a fair contract in place for a new tenant along with a thorough and detailed inventory. This will enable both parties to be treated fairly and reasonably. Over and over again, we see landlords losing disputes because they can’t provide the right evidence to show that a tenant has damaged the property.
“It’ so important for landlords to get the paperwork right at the start and at the end of a new tenancy agreement is vital. We are convinced that landlords could greatly improve their chances of winning a dispute if they were better prepared for a potential dispute.”
AIIC has put together some advice on what landlords need to do to ensure all their paperwork is in order:
• The Tenancy Agreement: First and foremost, you must submit the AST agreement to help establish the obligations between you and the tenant.
• The Inventory: Ensure you have a comprehensive inventory that is signed by the tenant when they move in. Make sure any photos or videos are dated, and clearly point out any damage if relying on photos as evidence in a dispute.
• Check-in and check-out: Attend the property when the tenant is moving in and moving out and inspect it together. This way, you can usually come to an agreement over the deposit return at final inspection.
• Fair Wear and Tear: Don’t make deductions for minor damage that should be expected in any normal use of the property.
• If you need to withhold part or all of the deposit from your tenant you must provide evidence to support your claim.
• Relevant Evidence: Only submit evidence relevant to the claim. For example, if claiming for property damage, don’t submit an unpaid utility bill.
• Invoices, receipts or rental account statements: Submit invoices or receipts for any repair work that you’re claiming for. If the claim involves rent arrears, provide detailed accounts showing unpaid rent.
The AIIC is a not for profit membership organisation and is committed to excellence and professionalism in the property inventory process. The AIIC works hard to ensure that all landlords, tenants and letting agents understand the importance and benefits of professionally completed property inventories.
For further information on AIIC, please visit
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