A landlord will often ask if he really needs an inventory.
"It's unfurnished, yes? So there's nothing to list" is a response we
often hear. However an inventory doesn't just record things that are in the
property, it also records the condition in which the property has been given to
the tenant, which can be really important when the tenancy comes to an end.
The reason for this is that the law now assumes the tenancy
deposit belongs to the tenant. If a landlord wants to claim on a deposit, he
must be able to prove that the condition of the property has
changed during the course of the tenancy. If there's no record of the property
condition at the start of the tenancy, its more or less impossible for a
landlord to claim the condition has changed at the end. It has been this way
since new deposit rules came in in 2007.
For this reason, a landlord without an inventory is on weak
ground. I had a landlord with a 2 bed apartment who insisted they didn't need
an inventory - the property was unfurnished and they had never had one
previously. The tenants didn't trash the property, but they did cause damage to
a couple of carpets that the landlord wanted replaced. The tenants however
claimed the carpets were in poor condition at the start of the tenancy and as
such hadn't been damaged by them. When the deposit dispute went to adjudication
under the new rules, the adjudicator was unable to decide which party was
correct and as such awarded the full deposit to the tenant by default. The
landlord thus had to pay for his own new carpets.
To further enhance the landlords position, good inventories these
days are done with a video camera. This eliminates the potential for argument
over what a written inventory actually means. "Painted door with small
mark towards bottom" is ambiguous. A video showing exactly what that small
mark looks like can't really be argued with! We introduced video inventories in
Northampton in 2007, and in Rugby
in 2010. They cost the landlord a bit more, but since their introduction none
of our landlords who has taken one has ever lost a deposit claim to a tenant. As
such there's an argument they are money well spent.
Richard.