Guide for landlords and agents
We would always encourage landlords, agents and their
tenants to build and maintain a good relationship from the outset of a tenancy.
Experience shows that where there is a good relationship, with effective
channels of communication, issues are dealt with much more easily at all stages
of the tenancy and negotiating stands every chance of success, and reduces conflict.
However, we are here to help you resolve disputes in scenarios
where you have been unable to negotiate and reach a settlement when the tenancy
ends. And for that, you will need to provide us with your evidence. The
following checklist highlights the key evidence you’ll need to support your
claim and the order to provide it in, whether you are using it for your own negotiation
or sending it to us for an independent view.
Adjudicators can only consider cases based on the evidence
you provide – cases can be lost simply based on the quality of evidence and the
way it is presented.
The first three documents listed below are the most crucial
to help establish any damage or deterioration in the property, that has happened
during the tenancy. The following documents can help to fill in the gaps
between check-in inventory and check-out reports, and are valuable in helping
to build an all-round picture of what has happened and assess the extent of any
landlord and tenant responsibility.
1. Tenancy agreement
This is the legal contract
between the landlord and tenant and is very useful for negotiating. It should
be fair, clear, concise and well worded. Remember that fair wear and tear is the
landlord’s responsibility and tenants should remember exactly what their responsibilities
are.
2. Inventory report
This is crucial for negotiating a
cost or providing evidence for a dispute. It should be a complete record of the
property’s fixtures, fittings and décor, their condition and standard of
cleanliness before a tenant moves in.
Reports should include photos and
should be of good quality to make sure everything is clear and supporting the
written detail. When it comes to video inventories, they must be clear and
digitally dated. A tip to help an adjudicator is to highlight the time or
section of the video which is relevant to the cost claimed.
An agent or landlord should always
be able to provide proof that a tenant has seen and ideally signed the
inventory at the time stated, and to confirm that the tenant has received a
copy. Tenants should have taken the time to check it is correct and reply with
any amendments within a short time of moving in. Inventories are there to protect
all parties and their value should not be underestimated. You can read more
about them in our guide, Inventories
– the complete guide to the devil and the detail.
Top tip: This is the ideal document to list all the instruction manuals being provided to a tenant.
3. Check out report
This should have been carried
out, using the check in inventory as the starting point, to create a quality comparative
record of the condition of the fixtures, fittings and décor, and standard of
cleanliness in the property after a tenant has moved out.
If the differences at check-out were
hand-written, the writing must be legible and written next to the item or area
which is being discussed, as well as being dated. Photos can help paint an even
clearer picture than words
Both parties should have a copy of this report,
all concerns should be highlighted, and tenants should be given a reasonable time
to review it and consider any comments
Where any concerns in the check-out report are
raised and discussions take place at a mutually convenient time, it is our
experience that this often leads to a resolution over costs without the issue progressing
to a dispute. Remember to always follow up any verbal discussion in writing
Top tip: Remember, when considering negotiation or sending evidence for a more formal decision, landlords must make an allowance for fair wear and tear and consider all the criteria. Tenants should also consider and check their responsibilities as listed in the tenancy agreement and be reasonable when discussing any deterioration to the property.
See our guide, Fair wear and tear – what is it an how is it applied? to help calculate level of responsibility.
4. Relevant communication
This will
most commonly be emails and letters between the landlord, agent and tenant
where, for example:
the tenant has reported an issue and any discussions
over what has happened, attempts to negotiate or agree costs are now in dispute
a landlord or agent, and a contractor who is providing
a report on the problem, offer expert advice or an estimate for repair or
replacement
5. Mid-term property visit reports
When done properly, these can offer valuable information on
how the property was being maintained and if there are any issues which needed
dealing with at the time or have been left until the tenancy ended. Where, for
example, a tenant should have reported something, or a landlord was responsible
for carrying out necessary repairs, showing how long it took to put right will
all help build a picture for discussion.
6. Invoices, receipts, estimates and contractor reports
Evidence relating to costs will only be considered when the evidence clearly shows that the tenant is responsible for causing the deterioration to the property. This evidence may be:
invoices/receipts for anything the landlord/agent
bought or did to the property before the tenant moved in
invoices/receipts from all parties, showing the
dates and timing for any work carried out during the tenancy
invoices/receipts for work carried out after the
tenancy ended
estimates where the work has not yet been
carried out. These will commonly be contractor emails, paper estimates, or website
screenshots for replacement items
Top tip: Whichever documents are provided and whoever provides them, they should be detailed, explaining what has been done for the cost, as opposed to a one line invoice, such as, ‘end of tenancy clean’. This will help leave little margin for error, if the costs are reasonable, whether negotiating directly or if they are provided to us for an independent decision.
Where the detail is minimal and the
cost is high, there is more chance of it being challenged, firstly by a tenant
and secondly by an adjudicator where the evidence does not fully support the
extent of the costs.
All of this evidence relating to
costs will help to support any calculation of what proportion of the costs a
tenant might be responsible for and what element of the cost a landlord may be
responsible for, based on the fair wear and tear criteria.
7. Bills
All claims for bills, such as water, utilities and broadband
should be supported by the calculation for the relevant tenancy dates and the
service providers’ statements from the landlord or agent.
Top tip: It is worth mentioning that where these are in the tenant’s name, an adjudicator would be unable to make an award as the landlord is not a party to this contract. In these cases, the service provider will chase the tenant for any outstanding payment.
8. Rent account statements
Accurate records
of rent payments should be kept with any outstanding amounts clearly noted.
Landlords
and agents should have a good rent arrears procedure in place, including written
reminders sent to the tenant for non-payment. This is all good evidence and, in
such situations, a tenant will be expected to provide proof of payment or good
reason why the money is not still owing.
A strong relationship, with clear lines of communication
between landlords, agents and their tenants is often key to avoiding a dispute
at the end of the tenancy. But in the event that it has not been possible to
negotiate and reach a settlement, making sure you have legally compliant, fair
and transparent documented evidence, as outlined in this guide, will be vital
to supporting your claim.
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