For all properties rented on an assured shorthold tenancy – this is the most common form of tenancy – landlords are required to pay the tenant’s deposit into a TDP (Tenancy Deposit Protection) scheme. The deposit must be paid into the scheme within 30 days of receipt from the tenant.
The primary intention with this is to protect the interests of tenants who might come up against a difficult landlord at the end of the tenancy. Should a deposit-related dispute arise, the scheme’s adjudicators are available and often called upon for resolution.
The adjudicator will ensure that the tenant gets his deposit back, provided the tenant:
- Has met the terms of the tenancy agreement;
- Has not damaged the property; and
- Has paid all rent and any other costs pertaining to the tenancy.
Most often the adjudicator will find in favour of the tenant – and the primary reason is either that the landlord does not fully understand the concept of fair wear and tear, or that he or she has insufficient evidence to prove that the tenant has not met the terms of the tenancy agreement.
The better the agent, the less likely it is that disputes will arise
Where the landlord employs the services of a rental agent, it is the duty of the agent to ensure that both landlord and tenant are clear on all aspects of the tenancy agreement. This includes having a reasonable understanding of the concept of fair wear and tear. A good agent will ensure that accurate records are kept and that a comprehensive inventory is compiled and accurately reported on at the end of the tenancy.
Efficient agents will usually call upon the services of a professional inventory clerk, who has the knowledge and experience to report accurately and fairly on items prone to wear and tear. An inventory clerk will quickly be able to gauge whether any damages fall within the acceptable parameters of fair wear and tear. In instances where damages are unreasonable (exceeding fair wear and tear), an inventory clerk will also be able to determine a reasonable amount for claim.
With the facts in hand, disputes are fewer and settled more quickly
Having a comprehensive, accurate inventory report, is incredibly helpful to both the landlord and tenant - in terms of avoiding disputes, as well as settling them quickly and fairly, should they arise. It is also very helpful to agents. Considering the fact that both landlord and tenant are clients of the agent, a dispute puts the agent in a rather uncomfortable position.
In matters that are not clear-cut due to lack of quality paperwork, it is understandable that agents would refer the matter for resolution with the TDP – an often lengthy process with a finding that might not always find in favour of the aggrieved. However, having the facts in hand puts the agent in a better position to settle the matter confidently, fairly and amicably between the parties, without need for referral to the TDP.
For a reliable inventory service in Greater London and surrounding areas, contact Attic Inventory.
Our services include:
- Inventory report service
- Check in service
- Check out service
- Mid term inspections
- Snagging report service
- Advice for landlords
- Advice for tenants