The preceding chapter covered the payment of your deposit. In this section we will be dealing with the contents and conditions, which your deposit is designed to protect because inventories and deposits are intimately tied together.Almost certainly you will be asked to agree and to sign an inventory, which will usually form the basis upon which your deposit return will, amongst other things, be based. Your inventory is absolutely essential, and will, if managed properly, safeguard your own, as well as your landlord’s, interests. Read it, check it and only sign what you agree is accurate.
Very occasionally you will be offered a property without a written inventory, and where this does happen it can be a very mixed blessing indeed. Without an inventory, neither party can actually prove what the original contents were, nor their original condition. While at first glance you may feel happy about accepting a property without any inventory, remember that you are far more likely than the landlord to have to use the courts in the event of a dispute, and you will have no proof of the original condition.
So, you might sensibly be wondering why your landlord doesn’t want to provide one of the most important documents of all. And it’s a foolish landlord indeed who skips this part of the process. Tenants without inventories are perfectly placed to deny any or all damage and, without an accurate signed document the landlord doesn’t have many legal legs to balance his argument on.
Types Of Inventory
Let us however assume that an inventory has been produced, and consider how and by whom it has been drawn up.
Independent Inventories
Many expensive properties, and indeed some fairly average ones, are offered with the benefit of an independent inventory, usually compiled by a specialist company. This arrangement has the advantage of being much more impartial than other types. When you vacate, the same company will complete a leaving check and assess if any damages or negligence (or home improvement!) have arisen. They will often also calculate the costs required to cover problems (often providing estimates), and advise the landlord or agency in writing of their findings. You should also be able to obtain a copy of both reports.
This is a highly satisfactory arrangement, and while it can seem expensive (the costs are often shared between landlord and tenant), it has the undoubted advantage of independence.
Tenants in high-rent areas, even where they have already been charged by their agent or landlord for alternative in-house’ services, should very seriously consider the advantages of paying for their own independent assessment at lease beginning and end. In central London for example, some rents are thousands of pounds per month, and this is a sensible safeguard for what will be a significant deposit. If you decide to cover your back with an independent inventory, arrange this for before you unpack. Provide the landlord/agent with a copy of the document – this in itself will usually be sufficient to discourage many end of lease shenanigans.
In-House Inventories
More usual are agencies whose own staff draw up the inventory, and conduct the final inspection. Remember that for agents and private landlords alike, there’s no quality control on the production of any legally binding inventory – nor any genuine guidelines to follow. It’s an ad hoc service – sometimes, but not always, done very conscientiously.
An obvious note of caution here is that many agencies run a number of smaller companies/operations within the overall service offered to landlords, e.g. cleaning companies, or decorating or gardening services. A sceptic might just consider the possible advantages in finding problems with the condition of the property once you have vacated. This is a highly lucrative sideline for many operators, and there is no independent scrutiny of agencies, nor are there any qualifications required before you can set one up.
Further advice on this is given in Lesson 10. All these issues should begin to be much fairer with the introduction of the new Tenancy Deposit Scheme discussed in the earlier Lesson on deposits.