English
Cottage Rental - What
is an Inventory?
Inventories
in Rental Properties in the UK By Philip Suter
An
Inventory is essential for any letting these days be it
furnished or unfurnished. (If the property is unfurnished
it still would normally have carpet, windows, power points
etc and all these should be taken into account.) A few
years ago it was not heard of to use or even find a professional
inventory clerk “north of Watford” in England, but times
have changed.
WHAT
IS AN INVENTORY - An inventory is a binding legal
document that provides an accurate written record of the
condition and contents of a property at the beginning
of a tenancy. It forms part of the contract / Tenancy
agreement between a Landlord and Tenant. It is only effective
if it is accurate so, all defects and soiling must be
noted. Some landlords do not realise that although descriptions
can appear uncomplimentary, it is those descriptions that
will allow them to prove whether a tenant caused damage
or is liable for cleaning costs.
Many
individuals who let property think that a list of items
will suffice, however if you have a dispute with a Tenant
and have to go to court, this “shopping list” might be
of little use.
If
you are having a professional inventory prepared, then
normally the inventory clerk will supply three copies
of the document. These should go to the Tenant, owner
and a managing agent.
If
you are preparing this yourself you should list the items
in room order and give every item an individual number.
You should include the following details with detailed
comments are shown beside each description: (If you are
using a professional inventory clerk they should automatically
do this anyway).
Interior
condition and decorative order, plus the fixtures and
fittings including: doors, windows, drapes/blinds, ceilings,
walls, carpets etc.
Furniture
and other contents, excluding items which the Inventory
Clerk considers as expendable, such as magazines, living
plants etc.
Gardens
are described in layman's terms only. Garden statues,
sheds, outbuildings etc will be described as deemed appropriate.
Lofts,
cellars and similar areas are not normally covered.
Power
points and telephone sockets etc
You should also include the keys and description supplied.
To
minimise costs, most inventory clerks include items which
are of little real value in general terms i.e. "a quantity
of .etc..". Examples of such items are books, tired bedding,
used kitchen utensils/tableware etc. You will find that
if you are using a professional inventory clerk, that naturally
you will pay more for the make if for example you have left
your book library in the letting, as every book would have
to be listed.
Should
a property contain anything considered an antique or of
great value the Inventory Clerk must be notified and if
possible, ideally, valuations should be provided.
Pre
Inventory Cleaning: It is recommended that a property
is cleaned to a professional standard for the start of a
tenancy paying particular care to carpets, curtains, upholstery,
kitchens and bathrooms. If an item is soiled at the start
of a tenancy a tenant can not be charged for cleaning it
at the end. Landlords are also advised to retain all receipts.
CHECK
IN: At a Check in, an Inventory Clerk inspects the property
and compares it to the inventory. Any variations seen are
noted on the inventory. In many cases when an independent
clerk is used they will dictate the inventory and “make
it” at the same time as the check in. This is basically
because in so man situations there is not time to visit
a property and “make” the inventory and then have it typed
up in time for the check in when a tenant moves in. If you
are making this yourself then you should have time to prepare
the inventory ready for the tenant checking in.
If
the property has been let before, then normally the same
inventory will be used, however if there have been significant
changes to the property since the inventory was last used
it is likely that a new inventory will be required or an
up date.
The
'master inventory' (that agreed at the Check-in) should
be kept safe for use at the end of the tenancy or in the
event of a dispute. The tenant should be provided with a
copy together with a copy of their signature on the declaration
page. One copy of the inventory should be handed to the
tenants at the time of the check in. If the “make” is done
at the time of the check in, the Letting agent or owner
should post the inventory document to the Tenant asking
them to acknowledge safe receipt of it in writing and let
them know in writing within so many days if they do not
agree with any of the comments.
CHECK
OUT:
- At the end of the tenancy a Check out inspection is carried
out. Notes are made on the 'master inventory' of any variations
since the Check in. An inventory clerk will then list the
significant differences on a Check out report.
Cleaning
is often a major area of dispute. Landlords and tenants
are advised to retain all receipts relating to cleaning
and repairs carried out before or during a tenancy. It should
be noted that an Inventory Clerk cannot comment usefully
on any alterations or additions made after the Check in
unless he/she was instructed to revisit the property in
order to examine these changes at the time they were made.
A
useful aide memoir is send a tenant a letter a couple of
weeks before the moving out /check out date with a reminder
to make sure the property has been properly cleaned.
The
Check-out report is the basis for most claims made by landlords.
A claim is most often viewed more favourably if compiled
by an independent and unbiased party such as an Independent
Inventory Clerk, particularly in a Court of Law.
Another
area of major concern is “Fair Wear & Tear” - This has been
defined in part through the legal process. A tenant cannot
be held responsible at the end of a tenancy for changes
to a property's condition caused by what the House of Lords
has called "reasonable use of the premises by the tenant
and the ordinary operation of natural forces (i.e. the passage
of time)."
A
professional inventory clerk uses experience and common
sense to assess the many factors present before reaching
a judgement as to how much should be allowable for Fair
Wear and Tear. Amongst other things they will consider:
The
quality of the supplied item (and that varies greatly)
The
condition at the start of the tenancy
The
condition at the end of the tenancy
Any
extenuating circumstances
It
is important to realise that the Law does not allow for
betterment. This means that a landlord can not expect to
have old replaced with new at a tenant's expense. A Fair
Wear and Tear allowance must be considered.
A
tenant has a duty of care to return the property at the
end of a tenancy in the same condition, Fair Wear and Tear
excepted, as that recorded on the Inventory at the start
of their tenancy.
Decorations
have an accepted life expectancy. However, there may be
circumstances where excessive wear and tear require a tenant
to pay compensation or charges to make good, e.g. numerous
nail or picture pin holes, torn wallpaper, gouges in walls/woodwork
etc.
Charges
for cleaning, making good etc are often apportioned to account
for Fair Wear and Tear.
Example:
A tenant renting a property and the inventory from the Check
in inspection notes that the carpet in the living room had
not been freshly cleaned and had a few spot marks. At the
end of the tenancy, the Check out report notes the carpet
as soiled. In this scenario the landlord should not be entitled
to full compensation for the carpet cleaning costs. A fair
solution would be for the tenant to pay a percentage of
the cleaning costs which would be calculated by a professional
Inventory Clerk.
Remember,
without an inventory report it may prove difficult for a
landlord to make a successful claim against a tenant for
damage repair or cleaning costs. Tenants should also be
aware that if an inventory does not include sufficient notes
on the condition of items at the start of the tenancy, they
may be charged for damage or cleaning that is not their
liability. To ensure that end of tenancy negotiations can
be dealt with quickly and easily it is best to make sure
that:
A
full inventory is prepared before a tenancy starts; The
inventory is checked very carefully during the Check-in
inspection and agreed by both parties; The Check-out inspection
is thorough and any items that may lead to claims are witnessed.
If
you use a Professional Inventory Clerks, they are carrying
this out as their business and spend all day every day inspecting
properties to make sure that there is sufficient written
evidence to protect landlords and tenants. If you are not
using a professional inventory make your inventory as thorough
as you can.
Philip
Suter is a Director of JML Property Services - http://www.jmlproperty.co.uk
- a UK based company offering Insurance products on
line and a holiday home advertising service and management
training with in the uk. He is a very experienced property
consultant with over 30 years work in the Residential letting
business and served in the national council of ARLA. He
is a Fellow of the National Association of Estate Agents
(NAEA) and a Member of The association of Residential Letting
Agents (ARLA)
Article
Source: http://EzineArticles.com/?expert=Philip_Suter

©Philip
Suter jml Property Services December 2005

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