Landlords: How To Avoid Disputes Changing Tenants

A dispute arose between a landlord and tenants due to the cleanliness of the property at the end of the tenancy, deterioration to the décor, damage caused to various items and tenant belongings left behind at the end of the tenancy

 

The landlord claimed £505, supported with an invoice for cleaning, the removal of items, damage to the décor, defrosting the freezer, the repair of furniture and to remove stickers from the fridge.

 

The tenants disputed the landlord’s claim.

 

The check-in report that was submitted as evidence of the record of condition of the property at the start of the tenancy on September 1, 2017.

However, it was accepted by both parties, that there had been various student tenant swaps since the 2017 check-in report was produced and the tenancy in dispute actually started in 2018.

 

No detailed written check-out report was provided for the end of the tenancy; There were a few photographs of some of the issues found, but no comparable photographs or evidence to show the condition and cleanliness of the property at the start of the 2018 term.

 

Without evidence of the condition of the property at the start of the 2018 the adjudicator considered the 2017 check-in report to be of little or no value

 

The adjudicator limited the award to those claims where the tenants had either acknowledged or admitted damage and deterioration during the tenancy.

 

The tenants acknowledged that further cleaning was required and additional items and personal belongings had been left at the property.

 

Taking into account fair wear and tear, an award of £125 was considered appropriate. The amount awarded reflected the fact that the pre-tenancy condition was not known at the start of the tenancy.

 

The Key Points

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• Tenancy swaps are commonplace, particularly in student accommodation.
• The best approach is to bring the existing tenancy to an end, check-out the named tenants, distribute the deposit, and then issue a new tenancy agreement, complete with a check-in report with photographs reflecting the condition of the property at the start of the new tenancy.

Source: Property Industry Eye 20.09.19