Disputes Still Favour Tenants According to DPS

by Property118.com News Team

9:03 AM, 8th September 2011
About 8 years ago

Disputes Still Favour Tenants According to DPS

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Disputes Still Favour Tenants According to DPS
Association of Independent Inventory Clerks (AIIC) logo

"Over 1,000 disputes in three months prompts AIIC to offer advice"

After another bad few months for landlords in tenant disputes, the AIIC have issued more tips to help landlords in adjudications.

According to The Deposit Protection Scheme’s findings, June 1st to August 19th saw over 1,000 disputes with 60% due to damage to property. Cleaning costs played a part in 40% of the disputes and redecorating in 31%. Many disputes cited more than one reason, cleaning costs incurred due to damage for example creating the skewed figures.

Pat Barber, chair of the AIIC offered this advice- “It’s so important for landlords to get the paperwork right at the start and at the end of a new tenancy agreement. We are convinced that landlords winning dispute cases could rise from 19% to 30% if landlords were better prepared for a potential dispute.

“For example, ensuring there is a fair contract in place for a new tenant along with a thorough and detailed inventory, will enable both parties to be treated fairly and reasonably. Time and time again, we see landlords losing disputes because they’re not providing the right evidence to show that a tenant has damaged the property.”

They have also issued this list of tips for landlords to best equip them to avoid a dispute.

  • If you need to withhold part or all of the deposit from your tenant you must provide evidence to support your claim.
  • The Tenancy Agreement: First and foremost, you must submit the AST agreement to help establish the obligations between you and the tenant.
  • The Inventory: Ensure you have a comprehensive inventory that is signed by the tenant when they move in. Make sure any photos or videos are dated, and clearly point out any damage if relying on photos as evidence in a dispute.
  • Check-in and check-out: Attend the property when the tenant is moving in and moving out and inspect it together. This way, you can usually come to an agreement over the deposit return at final inspection.
  • Relevant Evidence: Only submit evidence relevant to the claim. For example, if claiming for property damage, don’t submit an unpaid utility bill.
  • Invoices, receipts or rental account statements: Submit invoices or receipts for any repair work that you’re claiming for. If the claim involves rent arrears, provide detailed accounts showing unpaid rent.
  • Fair Wear and Tear: Don’t make deductions for minor damage that should be expected in any normal use of the property.


Comments

Christine McCluggage

12:37 PM, 7th August 2015
About 4 years ago

I am a very fair landlord. I never take money from Tennant deposit for cleaning even though my property has been left many times in a filthy mess, but my last Tennant did not report a water leak and caused damage to floor and carpet, I sent loads of photos off to DPS along with conversation with Tennant , I couldn't have been more thorough, and I was only asking for % of deposit not whole amount, just to cover repair, but DPS decided in there wisdom to award me £53 and gave Tennant £152 back!! I am out of pocket by £252 not to mention delay in getting new Tennant in because of work needing doing to repair damage! Is there any other companies LANDLORDS can use that in your experience are fairer than DPS ? Thank you


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