Your landlord will have arranged this with you, and it will either be a situation where you meet at a pre-arranged time, or you will have returned the keys and the landlord or their agent will be tasked with checking the property. Ideally, it would be better for all involved if you were to meet at the property so that you can have a "walk-around" and discuss any areas of concern.
If you are not able to attend ensure that you take photographs in order to provide an accurate record of how you left the property.
The original inventory should be the benchmark when discussing this. At the meeting it is a good opportunity to:
- handover
- to walk round the property taking details of any dilapidations or issues, with supporting photographs
- check the heating and other services
- read the meters
- obtain a forwarding address
- Once completed go through your findings with the landlord and both sign the report
One of the biggest issues apart from cleanliness is the damage vs wear and tear and it is important to understand the differences between them.
A rough rule of thumb would be as follows
The tenant would be responsible:
- to make good any damage caused during the tenancy that has not been rectified by the point of check-out
- to replace missing items supplied at the outset of the tenancy and not replaced by the point of check-out
- to relocate moved items to the original location by the point of check-out
The tenant is not responsible :
- for improving the property from the condition it was in at the outset of the tenancy
- for replacing any items that have been impacted by fair wear and tear
What is fair wear and tear?
One of the most common causes of dispute at the end of a tenancy is what constitutes fair wear and tear as opposed to damage caused by the tenant. This is not surprising, as damage is something the tenant is liable for while fair wear and tear is a cost the landlord is expected to absorb.
While there is no easy definition of fair wear and tear, the House of Lords has defined it as unavoidable deterioration caused by the 'reasonable use of the premises by the tenant and the ordinary operation of natural forces.' What constitutes ordinary operation or reasonable use will be a question of fact though.
However there are some sensible factors that landlord and tenants should consider before deciding what the tenant might be liable for:
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- How long was the tenancy? As fair wear and tear is linked to the passage of time, the longer a tenancy goes on, the more likely it is that furnishings will wear down and fixtures will need replacing.
- What was the condition of the property at the start of the tenancy? Tenants are only expected to return the property in the condition it was let in, subject to fair wear and tear. As a result, landlords are less likely to be able to reclaim the full cost of an item for a replacement if the condition was worn at the outset.
- How many occupants live in the property? The more people there are living in the property the more that wear and tear will occur. As such landlords of large HMO properties are less likely to be able to reclaim damage than someone renting out to a single occupant.
- How has the damage occurred? Deliberate or clearly negligent activities that cause damage are unlikely to be considered fair wear and tear so it is important to find out how the damage occurred.
If you agree on an issue then the landlord may be entitled to compensation. We have given an example below of how a deduction may be calculated.
Age of items will be compared with against life span. Medium quality carpet with a lifespan of 5 years that was £400 new. Tenants have lived there for 12 months and the carpet was already a year old. This would suggest that there would be 3 years left on the carpet lifespan. If the carpet was beyond repair at the end of the tenancy the deduction would be calculated as follows. £400/5 = £80 per year. 3 years left on lifespan = £80 x 3 so the landlord could ask to deduct £240.00 from the deposit to cover the cost of the carpet replacement.
If you and the landlord cannot agree the deductions you or the landlord can ask for the deposit scheme to adjudicate and make a final decision. Both parties will need to submit evidence. The more evidence you have to support the claim the better.