Inventories for Tenants.
Inventories and regular inspections are equally important for the Tenant. They are a key part of the lease agreement and in the event of a dispute at check out are taken very seriously by the Dispute Service.
Remember the Deposit Money paid is the Tenant, a Landlord or Agent cannot withhold or make arbitrary deductions from a deposit.
The deposit is regarded as the tenants money. This means that it should be returned to the tenant at the end of the tenancy, if they have honoured the terms of the tenancy agreement. Since April 2007 tenancy deposits for Assured Shorthold Tenancies in England and Wales have to be protected by an authorised tenancy deposit protection scheme.
If the tenant has broken the terms of the tenancy agreement, then at tenancy end the landlord and tenant should agree on the return of the deposit and any deductions from it. If the tenant is unhappy with the amount the landlord wishes to deduct from the deposit or the landlord/agent refuses to engage in the deposit return process, the tenant is entitled to raise their dispute with the
relevant tenancy deposit protection scheme. They will need to check which scheme protects their deposit.
The procedures that the tenant or landlord/agent need to take when dealing with a specific tenancy deposit dispute differ slightly depending on the Scheme protecting the deposit. For example, the Deposit Protection Service (The DPS) operates a custodial scheme. This means that the DPS holds the deposit throughout the tenancy agreement so there is no need to send the disputed amount to them when a dispute is raised. TDS and mydeposits are insurance-backed schemes where the disputed amount of the deposit has to be sent to the scheme for the duration of the dispute.
However, the principles of dealing with a dispute and how the schemes operate their dispute resolution service, including the adjudication service, are common. This document is designed to provide guidance to landlords, tenants and agents when confronted by a dispute, regardless as to which scheme protects the deposit. It should, however, be noted that dispute resolution, by its very nature, is unique to each and every case. Unlike the formal legal system, schemes are not governed by precedent in the same way as the Courts. Decisions are made by the Schemes on the principle of .balance of probability.. Decisions are made based on the submission of evidence from both parties.
If as a Tenant you were not given an inventory to check and approve on check in or you feel you would like your own independent report you are perfectly within your rights to have one done. With prices starting from just £55.00 why not give us a call for more information and a general discussion about your concerns. Please use the contact form or call 07896 602683 in confidence.