Check Out, Damage and Deposits

This section covers planning the checkout, deposits return, disputes and recovery of monies.

Where the Tenant will not voluntarily vacate

Where the Landlord or Tenant cannot come to an agreement because of differences or the Tenants are non responsive to calls letters etc, the Landlord has little choice but to consider serving Notice. The objective here is damage limitation for if there is no resolution the situation can become more complex; including Applying for possession, appointing Bailiffs and the removal and disposal of goods.

Planning the Checkout?

Prior to checkout you should work with your tenant to for this should lead to a smooth exit. It helps to define your expectation of the check out process and the cleaning requirements you have of the Tenant.

Letter to Tenant cleaning requirements
Letter to Tenant - Handing back the property to the Landlord
The inventory must be checked and agreed with the Tenant prior to the deposit being returned, preferably on move-out day. Previous copies of property inspections and notifications of damage may form part of the basis for determining deductions. If an inventory clerk was commissioned for the check in the same should be used for the check out.

In law, the inventory forms an agreement between the Landlord and the Tenant as to the true condition and contents of the property at a specific moment in time. Condition statements such as good average condition are highly subjective. Where there is a dispute and the Tenancy Dispute Service arbitrates they accept dated photographic and video evidence. The provision of such removes much ambiguity and strengthens the chances of a resolution in the landlord's favour. Remember the burden of proof is on the claimant i.e. You.

The stronger your inventory the more chance of success. Remember "91 per cent of dispute cases settled by Mydeposits adjudication service found in favour of the Tenant"