Deposit dispute case study - unreliable check-in evidence

What happened?

The tenant said:

• I was not given a check-in report when I moved in and when I asked for it, I was sent a report that was dated the previous year
• when I left, the property was as clean as it was when my tenancy started
• I accept there was a nail varnish mark on my bed base which was an accident, but this is very small and the bed can still be used
• I am happy to pick up a photo frame and a couple of shoe boxes which I left in the wardrobe from the property
• I should not be responsible for things I did not do

The agent responded, saying:

• All tenants were given a copy of the inventory at the start of their tenancy and no issues were reported with the condition of the property at that time
• The property had a full clean before the tenants moved in and it needed a deep clean throughout at the end
• The bed base was badly stained and was brand new at the start of the tenancy, so it needed replacing
• Several items were also left in the property
• Other damage included two cracked panes of glass in the back bedroom and bathroom, the kitchen worktop was heavily scratched and the hob was beyond cleaning

What evidence was provided?

Check-in and check-out reports, undated photographs, invoice and tenancy agreement.

What was decided and why?

The following points were taken into consideration when making the decision about this case:

1. The check-in report was dated one year before the tenancy
2. There was no signed acceptance to show that the tenants had agreed to the content of the report provided and that it was representative of the condition of the property on the date they moved in
3. The agent was unable to prove that the report was sent to all tenants at the start of this tenancy, which meant the report could not be used for the purpose of this dispute
4. The photographs provided by the landlord to show the condition of the property at the beginning of the tenancy were undated and could not therefore be relied upon
5. The check-out report was brief and there were no photographs to support the landlord’s claim

Without a valid check-in report, no accurate comparison of the condition of the property between the start and the end of the tenancy could be made, and this would be required to find the tenant responsible for all the claims made against them.

However, the tenant did admit responsibility for nail varnish on one of the bed bases and for leaving some items at the property.

Without knowing the exact condition of the bed at the start, and due to the small number of items left, only a small amount of compensation was awarded

Decision

Tenant: £0.00

Landlord:       £60.00

How can you avoid this happening in future?

• Where there is a new tenancy or even a change of tenant during a tenancy, it is important to have an up-to-date detailed report for the new tenants
• For a change of tenant in a joint tenancy, this may involve updating the original report and circulating it to all the tenants
• Make sure all tenants are given a reasonable time and opportunity to make any comments or amendments, which can be attached to the document with all the parties’ agreement
• Best practice is for the tenants to sign the report, but failing this at the very least there must be proof that they were sent the report and had the opportunity to comment
• Always keep an audit trail of any documents sent to tenants during the tenancy to support any issues that may arise

For more guidance on the importance of check-in and check-out reports, and practical advice on how to provide robust and clear documentation, read mydeposits’ guide, advice for check-in and check-out.