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Question Title: No inventory
| Question: 340 |
| We have recently come to the end of a tenancy and the tenant has just vacated. The tenants have caused damage to the decorations in particular to a ceiling (due to letting a bath overflow), left some bad scratches to the top surface of the AGA cooker, and left various stains on the carpets which were not there before. The damage was confirmed both by the landlord who helped us clean the property prior to the letting and we have obtained an estimate for repairs and carpet replacement for £485. The tenant admits making holes in the walls to hang pictures but denied responsibility for most of the other (more costly) repairs. Due to staff changes, the paperwork for the property is in a mess, and we cannot trace a copy of the inventory and in-going checklist when the property was initially let to this tenant. All we can find is a copy of an inventory from a previous tenancy which ended two years previ- ously. Can we still claim from the tenant for the damaged items ?
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| Answer: |
| This example demonstrates the importance of a professional agent keeping the tenancy paperwork in meticulous order. Although the damage may well have been caused by the vacating tenants, there may be difficulty persuading the judge if the dispute were to come into court. A similar deposit dispute came before the Housing Ombudsman Service, and they were asked to adjudicate. They resolved the dispute largely in the tenant's favour because there was not sufficient and accurate evidence to satisfy the adjudicator that substantial deductions made for repairs were justified. A judge will generally expect the landlord, and in particular, a professional agent to keep accurate records for the property. The fact that staff may come and go is not an acceptable reason for missing or inaccurate records. The adjudicator can only resolve a case on the basis of evidence provided. Reading through recent adjudication reports, it is clear that many cases are lost simply due to lack of evidence to support the landlord's claim (despite the fact that damage has been caused by tenants). A landlord or agent will need to furnish the court with accurate inventories and check-out reports (if necessary enclosing photographs to record any damage) in order to support the case. In this situation, you are still entitled to claim for the damaged items but the landlord's case will not be strong if the dispute is not resolved by mutual agreement and the tenant were to ask for arbitration in the Small Claims Court. Best advice is to settle with the tenant as amicably as possible. In-going and out-going condition reports are vital documents when settling post-tenancy disputes. Furthermore, if the landlord were to suffer loss as a result of an agent failing to take reasonable diligence with the tenancy documentation, then a potential negligence claim against the agent could result. Although one has sympathy for small firms where staff do occasionally come and go, the court will generally take the view that the agent is paid to provide a professional service and that is what the client should legally expect to receive.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2000 page 25 |
letting-update-journal.html
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Letting Handbook |
9-14 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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