| Inventories |
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What
is an inventory? An
inventory is the itemisation of goods and their condition. Who needs one? Every
landlord should have an inventory for each property. Why ? Because
this outlines not only what is in the property, but also what condition
it is in. The property is unfurnished - do I still need an
inventory ? Yes,
because the inventory will also point out the condition of the walls,
curtains, carpets, bathroom, kitchen appliances, garden and the property
as it stands. The
trouble is that many landlords believe that if their property is
unfurnished, then they do not need an inventory, because there is very
little that can be stolen, broken or damaged. However, just think
about your beautiful magnolia walls being painted pink and purple ( I
have nothing against pink or purple - just not my cup of tea) and the
tenant leaves them in that state. You deduct monies from the
tenants' deposit and the tenant sues you for the money. Now prove
to a judge that you had an inventory prepared by an independent third
party and that the state of the property had been noted prior to the
tenant inhabiting the property. You can't, the judge sides with
the tenant and you not only have to give the money back, but also have
to pay costs as well and for the tenant. Not only that you have to
pay for the redecoration of the property! Every
property should have an inventory. All inventories should be
prepared by an inventory clerk. Inventory clerks are the
independent persons who will go through your property with a tooth comb
and note everything, Even for a 1 bed flat, the inventory can
still run into many pages surprisingly. If you prepare an
inventory yourself and the tenant disagrees with the inventory he /she
may refuse to sign it. You need an signature on the inventory to
prove that it is valid. A tenant is unlikely to disagree with an
inventory clerk though, because they are dealing with a professional
person who is qualified in that particular field. A
judge will not look favourably upon an inventory prepared by a landlord,
because they will see it as an amateur attempt to fulfil a duty.
Judges are notoriously favourable to tenants and they will tend to find
in their favour every step of the way unless there is absolute solid
evidence pointing the other way. Take
for example a case that happened to me back in 1990. We had a
professional inventory prepared and the time came for the check out.
The landlord rang and said that the inventory clerk was not available
and that he would pay for one of us to do it instead. A big
landlord with a lot of property with us, we were not going to argue.
So I duly went to the property had a chat with the tenants, checked
through the inventory and left. When we compared the check in
report with the check out report it was apparent that there had been
quite a lot of damage and that the property had not been professionally
cleaned as stated it should be in the tenancy agreement. We
deducted just over half the deposit. The tenant kicked up a fuss
and we pointed out that we were only comparing the inventories and that
was what we had based our judgements on. The tenant took us to
court and a year or so later we sat in front of a judge who asked who
had done the inventory report. When told I had he asked me how
long I had been doing inventories for and what qualified me to do them.
I duly answered that I do not usually do them but had had little choice
this time. As for qualifications and training I pointed out that I
had neither. When he asked me how I could give impartial advice it
mattered not what I said as he pointed out that I was paid by the
Landlord as his agent and therefore could not possibly be impartial.
The case failed against us and we spent more money than we wished
refunding the tenant. An
inventory clerk will make an inventory, give a check in report and do a
check out report. These are three vital documents that a landlord
should have for each property. Making the inventory will normally
only happen once, though I do suggest a new one every 5 years. The
inventory manual is then used for all check ins and check outs. As
to the cost of an inventory, in our agreements, the landlord pays for
the make and check in report whilst the tenant pays for the check out
report. As the tenant has signed the agreement, they are agreeing
to pay for the check out report. If they refuse to then you can
take the monies out of the deposit. So,
in conclusion, always have an inventory made and checked by an inventory
clerk. If you can not get hold of one, ring a local estate agent
who does lettings and you should be able to get the name and telephone
number of one. it is vitally important to have an inventory.
Although another expense, it could actually save you money in the long
run.
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