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DEPOSIT PROTECTION & INVENTORY AND SCHEDULES OF CONDITION & CLEANLNESS

The Housing Act 2004 (tenancy deposit protection) requires the protection of a tenant’s deposit with one of the three government approved schemes and for documentation to be served on the tenant within a prescribed time limit.

Under our ‘BASICS’, ‘PREMIUM’ and ‘PREMIUM+’ tenancy management services, Hose Rhodes Dickson will arrange and manage the protection of the tenant’s deposit under its membership to Tenancy Deposit Scheme (TDS). 

For clients who opt for the ‘ESSENTIALS’ let-only service, the responsibility for protecting and administering any tenancy deposit paid, is theirs. 

Non-compliance with the legal requirements to protect a tenant’s tenancy deposit carries considerable penalties;

  • loss of provision to recover possession of the property under Section 21 of the Housing Act 1988.
  • a fine payable to the tenant of up to three times the sum of the deposit.
  • the return of the deposit to the tenant.

If you’re a landlord instructing Hose Rhodes Dickson under one of it’s management services YOU can relax, its all arranged for YOU and YOU are compliant. 

Membership to a tenancy deposit scheme also entitles landlords and tenants to a free dispute resolution service in the event of a dispute over the disbursement of the deposit at the end of the tenancy. 

Dispute resolution services only use documentary and photographic evidence to make awards and whilst an inventory check-in inspection with a tenant at the start of a tenancy benefits the interests of both the tenant and the landlord, the burden of proof falls on the landlord to demonstrate that any claims for damages against a tenant’s tenancy deposit are justified and can be substantiated by documentary and photographic evidence. 

It is best practice and the evidence is considered more favourably by dispute resolution adjudicators when inventory check-ins and check-outs have been conducted by an independent, professionally qualified person (e.g. a specialist inventory clerk)

What is an Inventory & Schedule of Condition & Cleanliness?

It is a document produced just prior to the commencement of a tenancy and details the condition of, together with the fixtures, fittings and any contents within the property, both internally and externally.

At the end of a tenancy and following the tenant’s vacation from the property, the agreed inventory and schedule of condition & cleanliness is used to reconcile the condition of the property at Check-out against that agreed at Check-in. 

Hose Rhodes Dickson appoints experienced and professionally qualified inventory clerks to produce inventories and schedules of condition & cleanliness, to undertake the Check-in and Checkout inspections and to report in detail the findings of the Check-out. 

With free, evidence-based, dispute resolution available, considering the relatively low cost of an inventory and schedule of condition & cleanliness against the potentially high financial loss in the event of an unsuccessful claim against a tenant’s deposit, can you afford not to have one? 

To find out more about inventories, check ins and checkout please download our landlord’s guide here

Interested to find out what is considered to be fair wear and tear? This download our guide