If you’ve ever had to deal with a dispute over the return of a deposit, you’ll know how important it is to have all the right evidence ready to help you prove your case.
It’s important to remember that the tenant’s deposit is just that – the tenant’s! If you want to claim any of it to pay for cleaning costs, damage or unpaid rent then you need to prove it. And to do this you need evidence.
Just what type of evidence you need is sometimes confusing, so we’ve created a checklist for landlords and letting agents to help out.
The checklist, which can be downloaded HERE, gives a step by step guide on what you should be doing before, during and after the tenancy to ensure you’re covered if there is any dispute.
Firstly, make sure you have a robust tenancy agreement which clearly states the amount of rent to be paid, when it’s due, and the terms of the tenancy. It’s important to include other clauses such on pets and garden maintenance. Badly worded tenancy agreements are the leading cause of disputes, so make sure you spell out the tenant’s obligations fairly and concisely.
When you protect the deposit, don’t forget to let the tenant know by passing the protection certificate on to them.
Make sure you do a proper inventory. It helps to have both written and photographic evidence, or even better get a third party to do it for you.
Keep statements showing when the rent was paid, in case there is a dispute over arrears. Also keep any invoices for repairs, cleaning costs and any unpaid bills if you want to claim on the tenant’s deposit.
When the tenancy is coming to an end, write the tenant a letter to remind them of their obligations to properly clean the property before they move out and notify of any rent arrears then.
Arrange with your tenant to do a check out report. Walk through the property together and check its condition against the inventory. You’ll usually be able to come to an agreement then and there over the deposit return, and hand back the agreed amount on the spot. Finally, don’t forget to unprotect the deposit.
By following our checklist, you’ll be armed with everything you need in the unlikely event there is a dispute.
Why not download the checklist now and print a copy for each of your tenancies?
