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Question Title: Deposits, inventories and condition reports
| Question: 431 |
| I have a small problem with the return of a deposit on a property that I manage. The original landlord had sold the property during the course of the tenancy. The original inventory was prepared some years ago and the check-in report was prepared by the original landlord while the checkout was carried out by the new landlord. Unfortunately their style and format are totally different. The original landlord has may years experience of the private rented sector whereas the present landlord is a new 'buy-to-let' landlord with very little practical experience. The tenant is threatening legal action to recover a deposit of over £1100 which the current landlord claims is to cover damage caused during the tenancy. How should I advise the landlord?
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| Answer: |
| The onus will be on the landlord, on the balance of probabilities, that the deterioration for which damages are claimed was caused by the tenant and not just fair wear and tear. The details of the damage should be specific and the costs of reinstatement should be clear and proportionate. From what you have said the evidence that the present landlord has at his disposal is poor and, perhaps, the best advice that you can give is that he should avoid going to court and try and negotiate with the tenant to achieve a satisfactory balance. The Housing Act 2004 will, from April 2007, introduce a compulsory deposit scheme with a system for alternative dispute resolution. Current inventories and clear check-in and check-out reports are essential and it may be appropriate to use the present situation to make it clear to this landlord that their approach will need to be improved.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
April 2002 page 18 |
letting-update-journal.html
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Letting Update Journal |
Oct 2004 page 15 |
letting-update-journal.html
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Letting Handbook |
Chapter 10 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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