On 6th April 2007, the Tenancy Deposit Scheme came into effect. This scheme was introduced to ensure that tenant's deposits were fully protected and that any disputes about their return are resolved quickly and impartially.
In the case of a dispute at the completion of a tenancy, the dispute can be referred to an Adjudicator to assess. During this assessment, Adjudicator's will review and compare all documents (Inventories, Check-in and Check-out reports) to enable them to reach a decision, to resolve the dispute.
The emphasis has now been placed upon Landlords to effectively 'prove their case'; if at the completion of a tenancy they wish to retain part or all of a Tenants deposit. Naturally evidence is required to prove any case. Therefore, the only way to ensure that accurate and detailed information is recorded is by having independent reports detailing the condition of the property and of any fixtures and fittings.
Independent reports are unbiased, a true account and faithful representations of the condition of a property. It is paramount that these reports are clearly understandable, to enable an Adjudicator and if necessary a Court to identify the differences in the condition of the property and any fixtures and fittings between the commencement and completion of the tenancy (i.e. Check-in and Check-out).
Following the implementation of the Tenancy Deposit Scheme, Landlord's and Tenant's are both required to agree to any deductions made from deposits. Having an independent 3rd party make a full and detailed inspection of the property, including all fixtures and fittings at both the commencement and completion of a tenancy has become more important than ever.
Tenancy Deposit Scheme
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