Landlords make yourselves “dispute-proof”

When a new tenant moves in to a property and a new tenancy agreement is signed, the last thing on anybody’s mind is a possible dispute over the deposit when it is time to move out.

But the start of the tenancy is exactly when landlords should be on their guard, and taking the necessary precautions to “dispute proof” themselves. And our advice is especially timely, with September being one of the busiest months for new tenancies, as students return to university while others move to start new jobs.

There are several steps landlords should take at the start of a tenancy to ensure they aren’t left out of pocket, if they are faced with a dispute over the deposit at the end.

Firstly, and most importantly, make sure a robust Assured Shorthold Tenancy (AST) agreement is signed by both the landlord and tenant. It’s the most important document when it comes to any tenancy and without it, the landlord is almost certain to lose any dispute case. The AST is a contractual agreement, clearly stating how long the tenancy is for (usually 6 months), the amount of rent to be paid and how often it’s paid. Another important thing the AST should include is how clean the landlord expects the property to be when the tenant moves out.

Landlords must also provide a proper inventory to their tenant, detailing what furniture and contents the property has and what condition they are in. It’s important that both the landlord and tenant sign the inventory when the tenant moves in. That way when it comes time to move out, there is no dispute over what was on the inventory. More and more landlords are now using inventories with photos, or even paying a professional inventory company to come in and create the inventory for them. We did a survey recently and found more than half of landlords now use photo or video inventories, as it helps prove what state their property is in.

Landlords should also keep up to date statements for rent payments and get in touch with the tenant immediately if they fall behind in their rent. It also helps to keep receipts for any repair work done to the property or if an appliance is replaced as well.

And finally, the landlord should attend check-in and check-out inspections with the tenant. This will often prevent any disputes in the first place, as both parties can come to an agreement over the return of the deposit. By being reasonable and talking it through, almost all disputes can be avoided and both landlord and tenant can come away happy.