x9200 wrote:JR8 wrote:@Smashing 7.35pm post. No, in simple terms, that is not reasonable.
It is as reasonable as the assumption that the tenant damaged something just because he lived in the place for some time. Apparently such assumption is in place.
I expect the LL would not call it an inspection but would just say that he did not notice the problems at the hand-over and only did so at some later time. It would not be an unreasonable approach because typically more time may be needed.
Well, I disagree with that
After the tenant left, the landlord might have rented the unit for a week to 5 students. The inventory check-out is a point-in-time exercise that is attended and agreed by both parties. You cannot amend it retrospectively. The onus is on the landlord and tenant to carry out a thorough inspection at check-in and check-out. If there are damages/dilapidation beyond 'fair wear and tear' these must be noted and agreed.
The next step is that if there are deductions to be made, or remedial work required then the landlord must provide copies of the invoices evidencing that such works were carried out. If no evidence is provided, or the costs seem blatantly inflated, then the tenant has Grounds to commence a dispute/action against the landlord.
What is the point of an inventory, or attending a check-in/out, if the LL can keep adding damages/costs weeks after the tenant has left? If that were so I can't see any point in having an inventory at all.
Inventory check-ins/outs do take time, but it's important that they are complete and accurate. A landlord who has proper inventories done cannot say 'he didn't have time to do it thoroughly', in the absence of evidence of 'precisely who caused what' that's the landlords hard luck, he has no evidence. This is why it's important to give the inventory process as much time as it requires, even if the agent is rushing and getting irritated (as happened with me last time). This makes it clear and evidenced to both parties what the condition is at a point in time.
I checked in the members section of the National Landlord's Assctn [uk] if they had any info on retrospectively amending a inventory check-out. It seems not, but it could be that the situation doesn't make sense in the first place. Note re: references below to 'TDS', it is a national deposit holder and arbitrator in disputes - something this country is dearly in need of.
Note the last point in 'General Tips'. It is my understanding, and it would seem to be common sense to me, that that (legal) position applies equally to the check-in, as to the check-out, and also equally/each-way to the landlord and tenant.
Here are some excerpts, this from a landlords perspective, of what they say:
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Introduction to Subject
Inventories have always been an important part of seeing in a new tenant. They have come of age with the arrival of Tenancy Deposit Schemes.
They enable landlords to create a situation where the tenant is fully aware that the state of the
property at the time of the commencement of the tenancy is fully documented.
There are so many ways of creating an inventory, and we are all so different in the way we think and act, that there are no fixed instructions on how to create the ultimate inventory. However, there are suggestions as to some does and don’ts.
Why create an Inventory?
An inventory is simply an itemised list of goods and this is our starting position. An inventory for a tenancy has to be more than just a list and we need to bring in detailed descriptions regarding the list of goods as to age and condition.
The importance of this is the fact that the tenant knows at the commencement of the tenancy, that you have all of this evidence showing the condition of the property at the time of occupation.
This will mean that the tenant is more likely to maintain the condition of the property during the tenancy and, at the end of the tenancy, there is unlikely to be any dispute regarding bond charges.
Furthermore if there is any dispute, you have all of the evidence you will need to prove your case.
Types of Inventories
Written
Generally, a simple listing, usually in a table document which has columns showing the name of the item, the condition when the tenant moved in and the condition when the tenant moved out.
These are easily produced using a word processor but can also be handwritten.
Writing down the condition of every item could be laborious so you could state that generally the condition is regarded as fair unless otherwise stated.
Invite the tenant to point out any scratches or dents to any item that should be actually written on the inventory and make the necessary notes.
It is important to take particular note of the condition of any soft furnishings i.e. sofas and easy chairs. Concentrate on the inside of the cooker and the inside of any fridge or freezer. [snip re: other formats of inventory]
General Tips
Whatever type of inventory you choose, there is a need to be consistent in your approach. It is good practice to approach each room in each property in the same way.
The first view of each room is the decor. Ensure you describe the colours in each room, i.e.
“ white emulsion painted ceiling, magnolia emulsion painted walls, white gloss woodwork”
A frequent argument is one where the tenant has decorated. If the tenant claims that the colour scheme is the same as at the commencement of the tenancy it is only your word against the tenant, unless you declare the colour schemes in your inventory.
Have a pattern for your listing. For example:-
Look at the ceiling and describe and list the light fittings, then look at the floor and list the type of floor covering.
Start with the wall which has the door in it and rotate clockwise around the room noting the items standing against the walls. If one of these items is a cupboard or other storage piece, return to it separately to list any contents.
The biggest inventory room is always the kitchen. If you are providing cutlery and crockery, the inventory can be a nightmare. Do not over supply. If you must provide such items, keep to the minimum. Not more than, say, four of anything.
List the model types and numbers, at least of the appliances and see that they are clean at the commencement of the tenancy and that you can say so in your inventory. In this way you may have a chance of them being clean at the end of the tenancy.
It is useful to have a cover sheet for inventories. This has some comment sections for the tenant to complete on the day of occupation such as
What do you think of the property?
What is the condition of the appliances?
What is the garden like?
Are you happy with everything?
List of keys received at commencement of tenancy
When they have placed their answers to these questions and signed at the foot of the sheet, it is very difficult for them to claim that anything was wrong at the time they moved in.
At the end of the tenancy
When the tenant gives notice, make an appointment to visit about ten days prior to the end date. In this visit, address the tenant verbally, and then write to the tenant, with information of any dilapidations that may cause a charge to the bond. This will be strong evidence to provide to the ADR arbitrator of your assistance if the tenant does not comply.
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Somewhat related: Another article on the issue of inventories that I came upon. –>
http://www.propertywire.com/news/europe ... 10428.html
