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The Tenancy Deposit Regulations that were formalised in 2007 have changed the face of letting property.

It is common for landlords to take a dilapidation deposit from a tenant at the start of the tenancy. The deposit acts as a safeguard should the tenant cause any damage to the property. Some unscrupulous landlords are either very slow to return deposits at the end of the tenancy or make unfair deductions. The purpose of these regulations is to ensure good practice in this area, and try to keep disputes between landlords and tenants out of the courts by encouraging alternative dispute resolution.

Now, any deductions must be itemised, justified and any damage or loss proved before any money can be taken. This is why the inventory, check-in and check-out are now so important.

As an independent and impartial third party, the inventory clerk will document the exact condition of the property, fixtures and fittings at the start and the end of the tenancy. Any damage or missing items will be highlighted in the check-out and this document can then be used as the basis for a deposit claim, whilst also considering fair wear and tear.

Remember, if an inventory or check-in is not carried out at the start of the tenancy, or if it is inaccurate, it can be virtually impossible to claim for any damage or loss. The onus is with the landlord to provide irrefutable proof of their claim.

Since the introduction of the Tenancy Deposit Scheme on 6th April 2007 it has become a requirement for Landlords to ‘prove their case’ if there are to be any deductions made from a Tenant’s deposit.

The new legislation is designed to protect Tenants and under the terms of the scheme, adjudicators will review all relevant documents, including Inventory Reports, before the dispute resolution service or the courts decide how to divide deposit liabilities between Landlords and Tenants.

​Only indisputable evidence will help you in the event of a dispute; rules governing the Tenancy Protection schemes have placed the onus upon the landlord to provide evidence to support any entitlement for costs, without room for doubt. If there is any doubt, the decision will always favour the tenant.

In this ever-changing letting landscape, the landlord more than anyone deserves a peace of mind and total protection. There is nothing more disheartening than having to spend thousands on repairs and being unable to claim anything back from the deposit. ​

For Landlords, whether you let out a single property or you have a large portfolio, you need to safeguard your investment. You need to be able to prove damages or breakages have occurred during a Tenancy. The most effective way to do this and to avoid a potential dispute is to have your Tenants agree on the specific condition of your property and its contents before they begin occupancy.

This can be achieved by having an independent professionally prepared Inventory Report drawn up and then signed by your Tenants before they move in. By doing this you will be sending a clear signal to your Tenants that they will be held fully responsible for all damage, necessary repairs and renewal costs other than acceptable fair wear and tear.

When you consider the costs involved with both the purchase and maintenance of a property, plus the time and money spent on the presentation, most professional Landlords agree that a comprehensive Inventory Report is an essential tool in successful property management, and maintaining a harmonious landlord tenant accord.

REMEMBER: Keep all your receipts, we can include them into your report for added security.

For Letting Agents, customer service and reputation are everything. There is a lot to sort out managing properties and dealing with Landlords and Tenants, without being let down by your Inventory services provider.

The feedback we've received from new customers is that they have previously received a poor and unreliable service from their Inventory providers.

Have you experienced any of the following problems:

• Inventory Clerks turning up late or not at all?
• Poorly detailed and inaccurate Inventory Reports?
• Inventories arriving unsigned weeks after the Tenants moved in?
• Important details and specific evidence left off Check-Out Reports?
• Expensive prices combined with a thoroughly unprofessional service?
• The service received has made you and your business reflect badly with Landlords and Tenants affecting your reputation?

Using Kadeway for your letting services allows you more time to focus upon your goals and looking after your clients, whilst offering everyone protection and a peace of mind. We offer a complete inventory service that will cover all stages of your tenancies. We can collect and return keys to your offices and ensure your written report is delivered to you within 24 to 48 Hours; or earlier if it is urgent. Kadeway ensure your clients are protected and your staff are not tied up resolving tedious and tiresome tenancy disputes.

Normal wear and tear is damage or deterioration by ordinary and reasonable use of the property. The word 'reasonable' though must be interpreted differently, depending on the type of property and who occupies it.

Landlords should therefore keep in mind that the tenant’s deposit is not to be used like an insurance policy where they might get full replacement value or new for old. The landlord also has a duty to act reasonably and not claim more than is necessary to make good any loss.

Replacement of a damaged item may be justified where it is very much damaged beyond repair or its condition makes it unusable. Repair or cleaning will be more likely where replacement cannot be justified. In cases where an item has had its value reduced or its lifespan shortened, for example by damage, the compensation may be appropriate.

Wear and tear is the normal loss in value that occurs when something is used.

For example, a landlord should expect to have to repaint walls every few years, especially in the kitchen. Also, furniture normally gets worn with age. Over time walls get small nail holes and carpets get worn. But if your rental agreement does prohibit any nail holes, then nail holes would be an item of damage. The law requires the landlord to pay for ordinary wear and tear.

Normal use of the property by the tenant and guests of the tenant is not something the landlord can claim as damages.

However, the tenant must pay for accidental damages done to the property. If the landlord can prove that the tenant intentionally damaged the property, the tenant may be charged for the cost of repairs.

Wear and tear does not include cleaning made necessary by a tenant's failure to clean when moving out or other failure to keep the rental unit clean. A tenant’s obligation to clean generally includes sweeping and washing floors, shampooing carpets, disposing of all trash and making sure that the kitchen, bathroom and all appliances are properly cleaned. The tenant should always take pictures when moving out to document that the apartment has been cleaned.

In the end, the landlord, when finding replacement items should not be in a better position financially or materially, than it was in the beginning to the end of the tenancy after having allowed for fair wear and tear. So, if you damage something, firstly tell the landlord and offer to replace it like-for-like. You are not obliged to replace it with a new item and neither can the landlord claim for a new version.