boydens.co.uk Advice 56 A smooth exit Boydens Head of Sales & Lettings Paul Buck discusses how landlords can avoid the pitfalls of a difficult check-out. You will have read the preceding article from my colleague, Tammy Mitchell, who is our qualified and experienced Deposit Progressor, concerning the steps a tenant should take to ensure deposits are returned at the end of a tenancy. We now switch focus to what a landlord can do to protect their position. The first thing I suggest is to have your property managed by a reputable agent, such as Boydens of course! Check-outs can be a minefield in terms of what can and cannot be claimed from a deposit, the ‘whys’ and ‘hows’, and then the time needed to secure quotes, organise works, enter into negotiations with tenants, and – if required – submit a detailed dispute to evidence your claim. You will undoubtedly have better things to do with your time, and so a reputable agent will have experience and qualifications behind them to ensure that any deposit dispute is completed in a fair manner. This task cannot be taken for granted as any difficult check-out can not only impact a landlord financially in terms of making matters good, but also increase the void loss due to the lack of rent coming in while work is being undertaken. So, as I have mentioned, appointing an agent is the best approach, but here are a few tips that can also help: 01 Make sure the ingoing inventory is detailed with lots of photographs. Ideally, this would be prepared by a qualified inventory clerk to ensure an unbiased approach. 02 Make sure your tenant is given an opportunity to go through and agree the content of the inventory. 03 Appoint an inventory clerk to carry out the check-out again, ensuring an unbiased approach. 04 Send a copy of the checkout to the tenant promptly. 05 Ensure your tenant is given notification of any wish to make a claim against their deposit within 10 days of you taking possession of the property. 06 Keep the tenant informed as to progress with any quotes and be open to negotiations with your tenant. 07 Keep talking to your tenant as communication is essential, and then record that communication in writing in order that both sides are clear as to what is happening. 08 Ensure your claim is fair and avoiding betterment, as any claim for betterment will go against you should it become necessary for the matter to be referred to an adjudicator. 09 Acknowledge and accept that there will be fair wear and tear at the property, however, dirt is not classified as fair wear and tear. Whilst I cannot guarantee that those adopting basic principles will avoid any form of dispute with your tenant, it will certainly put you in a positive position to evidence your claim and ultimately ensure that any deposit award via an adjudicator is fair. To find out more about Boydens’ Rent and Legal Warranty, email [email protected]
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