02/07/2015
It is frustrating for a landlord to be left covering the cost of damages or loss made to their property during their tenants' residency.
Floors can be scuffed, carpets stained and doors unnecessarily snapped from their hinges, as well as basic furnishings disappearing, among many other inventory issues.
But when it comes to returning a tenant's deposit, it is not as simple as taking the required fee from the sum. The landlord must be able to prove to both a court and a tenant that damage or loss has been suffered.
Conversely, it also covers the tenant from being penalised for damages that were already in place before they took up their residency, and thus, ensures landlords do not miss sufficient damage caused by a former tenant.
'Sufficient damage' refers to damage that is caused unfairly, and is opposed to Fair Wear and Tear. This is, as the House of Lords described it, "reasonable use of the premises by the tenant and the ordinary operation of natural forces".
This is a contentious area because wear and tear can be a subjective matter. However, a detailed property inventory, perhaps composed by an experienced inventory clerk, should ensure appropriate standards of wear and tear are defined.
It is worth pointing out that landlords securing a tenancy after April 2007 are subject to the Tenancy Deposit Scheme (TDS).
Under this initiative, they must place their tenant's deposit into either a Custodial or Insurance scheme run by an independent provider.
Discrepancies arise when there is a dispute regarding the return of the deposit, often to do with issues surrounding property damage.
