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DEPOSIT RETURNS

Deposit Returns

When a property is vacated by a tenant

A professional trained and accredited inventory professional is able to assess and measure against industry standard best practice the wear and tear of a property against the properties condition. Also to apportion responsibilities to both the tenants and landlords, in a fair and unbiased manner. The following principles are used…

Fair Wear and Tear

Previous definitions of wear and tear have had a tendency to be non-specific, however, now through the legal process it is becoming more defined, Wear and tear does not include any cleaning issues.

The tenants cannot be held responsible at the end of a tenancy for changes in a property's condition caused by what the House of Lords has deemed “Reasonable use of the premises by the tenant and the ordinary operation of natural forces (i.e. The passage of time)”.

Allowances are made for normal wear and tear; these translate as normal usage marks and wear to fixtures, fittings and furniture that would be expected depending on the length and type of tenancy. If you have lived in a property for two years the wear and tear allowance would be greater than if you had only lived in the property for 6 months. Similarly a family of five people would be due a greater allowance than a single person.

Our professionally trained and accredited representatives will use the structured criteria to judge correctly in an unbiased manner what should be charged for and what is simply fair wear and tear, and what is a general maintenance issue for which the landlord could be expected to cover the cost.

Betterment

The law does not allow for betterment which means a landlord cannot expect to have old replaced with new at the tenant's expense, or indeed clean for that soiled at the start of the tenancy.

The basic premise on which this works is that the landlord cannot expect to have the property or fixtures and fittings included put into a better condition at the end of the tenancy than at the commencement at the tenants expenses.

The use of an accurate record of the content and condition of a property, as can be seen in the documentation and dated photography held by Home Inventories On-line, provides the knowledge base on which these decisions can be made.

Apportionment

Apportionment of responsibilities is a two-fold process covering both landlord and tenant responsibility in the event of damage or loss.

The landlord should take into consideration when setting the rental value that they should remunerate themselves for any wear and tear afforded during the period and type of the tenancy. It is only damage and excessive wear and tear that can be compensated for.

The tenant is responsible for covering any unexpected loss to the landlord calculated on the following issues:

  • Quality of item
  • Condition at Check In
  • Condition at Check Out
  • Life expectance of the item
  • Duration and type of tenancy

The principle is based on the fact that the better quality the item, the longer the life expectancy of that item, correspondingly the greater the remaining life expectancy of the item, the greater the amount of the compensation.

The formula on which the calculation should be made if replacement of an item is necessary is as follows:

Formula R / T x C

Where: R = Remaining life of item

T = Total life of item

C = Cost of replacement

Example

A rug is missing out check out. It is described at the check in as having residual soiling, and a few tassels missing. What should the tenant pay?

The tenant pays a proportion of the cost of an equivalent replacement taking into account the following:

  • Expected life expectancy of the rug expressed as a fraction of the total life expectancy, say 2/5
  • Known damage to the rug at check in which reduces the liability fraction by say 1/10
This gives a liability of 3/10 of the value of a replacement
 

 

Home Inventories, Cedar House,106 Pine Hill, Epsom, Surrey, KT18 7BQ Telephone 08450 341130

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