FREE INVENTORY REPORT FOR EVERY PIMS MEMBER RRC
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Due to changes in legislation introduced within the Deregulation Bill PIMS.co.uk are recommending Landlords and Agents step up the quality of their inventories
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You can produce your FREE Inventory report in minutes using your, mobiles, Mac or PC |
WHAT IS THE NEW LAW The Deregulation Bill [Preventing retaliatory eviction] which came into force on 1st October 2015, means should a tenant make allegations of disrepair or that a landlord or their agent has failed in their duty to maintain, then in the event such are substantiated then the landlord is ineligible to give a section 21 notice for a further 6 months.[meaning 8 months before one can apply to court, irrespective of the fact the is not paying rent - ridiculous but true].
This law currently applies to all tenancies commencing after 1 Oct 2015 and applicable to every tenancy after 2018
PIMS believes this law will be appealed and could apply to all tenancies sooner than later - This is because one can argue it is prejudicial to ones Human Rights to be treated less favourable because their tenancy started earlier than another persons.
There is an exemption in this legislation that a Landlord can use to prevent a tenant blocking an eviction ; specifically part 34 1 (A)
Proving tenant like manner is highly subjective - quality proof such as video of condition of the property at commencement of tenure and subsequent inspections would be vital. - and this is why we are providing members a credible solution
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We've worked with Smarter Inventories to provide our members an easy way to create your inspection reports and protect yourself from the deposit disputes and claims of retaliatory eviction.
Just follow the steps below to get your free inventories to start you off.
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OPTION 2 - get the FREE app for your phone or tablet: |
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3) - watch a video on how to easily do a good inventory with the Smarter Inventories app and do yours for free: |
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RELATED PIMS CONTENT
Be under no illusions - A tenant who refuses to pay rent can claim the property is in disrepair and simply block what was previously the landlords mandatory rightto regain possession of their property. Under the new legislation a claim for disrepair would block a section 21 eviction and a Section 8 Notice for rent arrears would be fraught with counter claims, this is likely to delay evictionby months.
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Inspections |
Maintenance and Repair |
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Preparing Your Inventory
inventory
You know and the Tenant knows if they put a cigarette burn on the carpet but they can claim it was there when they moved in. In such disputes the law and the tenancy deposit dispute service requires the burden of proof on the claimant. [The Landlord or their Agent] 91 per cent of dispute cases settled by Mydeposits adjudication service found in favour of the Tenant. The average amount in dispute was £733, which is significantly lower than the average deposit of £1,052.
The deposit dispute service permits Video [JPEG] evidence which must be date stamped. Having the Tenant sign the inventory as a definition of the property at a moment in time also assists your case. Check in and checkout provides a detailed definition of condition. or use our new inventory software
click here to try our new software that provides JPEG
If you want to improve your chances of deducting monies for damage and rent arrears from a deposit use our agreement, issue our prescribed information which reiterates the deduction that may be made and take photographic evidence with your inventory.
At the end of the Tenancy, if you have to make any deductions you are not entitled to 'New for Old'. You must allow for depreciation of the item over the anticipated lifecycle.
As an example, at the commencement of tenancy you fit felt backed or cord carpet in the living room costing £150, 18-months later when the tenancy ends, there are visible
wear marks you could not reasonably consider this to be the tenant’s responsibility because wear is very common with such carpet. The argument arises that the carpet served its expected life expectancy being 18 months. Whereas a £800 carpet may have a life expectancy of 8 years. If such a carpet is damaged the Landlord may be required to provide proof that the damage CANNOT be economically repaired prior to claiming the residual cost of the carpet. Example a carpet costing £800 predicted to last 8 years depreciates at £100 per annum after 18 months it has depreciate by £150 so a Landlord can only claim £650 towards replacement.
Whilst the deposit schemes do provide a dispute service the terms and conditions of membership to the schemes imply you should allow them to adjudicate. Many Landlords have chosen to rely on the small claims courts to resolve disputes. To be frank such Landlords have achieved better outcomes than relying on the schemes - which proudly boast 91 per cent of dispute cases settled by My deposits adjudication service found in favour of the Tenant. As Eddie Hooker the Chief Executive of Mydeposits once said "Mydeposits.co.uk exists for tenants" 3rd April 2009.
Creating an Inventory Having a poor inventory or none at all cripples your ability to bring any claim against a tenant for damage they have done to your property. Burden of proof is on the Landlord not the Tenant. Photographic/Video evidence is the strongest form of evidence.
Good tips when taking your Notes for each room, work methodically, following a standard order. A good order to follow might be:
- Doors
- Walls
- Ceiling
- Skirting
- Windows
- Floor covering
- Radiators
- Light fittings
- Curtains/blinds
- Sockets/switches
- Smoke alarms
- Fixed furniture (shelves etc.)
- Loose furniture (including pictures)
Fair Wear and Tear includes
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Cracked window panes due to old warped frames
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Woodwork paint that becomes scratched or chipped
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Wall and ceiling paint that fades or discolours over time
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Plaster or brickwork cracks that appear as the building settles
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Cracked floor or wall tiles resulting from structural movement
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General day-to-day use of fittings and fixtures, carpets, kettles, shower etc
The moral of the story is a good inventory improves your chances of a resolution in your favour. .(click here to download our inventory template)
An inventory [check in and check out] should also contain meter readings for should the tenant leave without paying bills it is not uncommonn for utility companies to try and pursue the landlord. [irrespective of the fact your AST clearly states payment of bills is the obligation the the tenant.