Common issues and case study example

Here we delve into the common issues and provide a case study example from a mydeposits member

CHAPTER THREE

Common issues and case study examples

Below are some case study examples and top tips for common issues we deal with.

Cleaning

A landlord claimed the property was left in a dirty condition and claimed for a full deep clean throughout.

The tenant said they had paid to have the property cleaned and it was left much cleaner than when they moved in.

From the evidence provided, the comparison of the check-in and check-out reports demonstrated that only some areas needed more cleaning and the adjudicator was satisfied the tenant was responsible for costs but not for the entire property.

Costs claimed by the landlord must be proportionate to the breach and not for a full clean where it is not required, so a percentage award here would be reasonable.

Note: Around 30% of all cases deal with an aspect of cleaning.

Top tips

The tenant is only responsible for returning the property cleaned to the same standard it was in at the start
Cleanliness and condition are two different things and your inventory should record both
Contractor’s invoices should breakdown the areas cleaned or say ‘cleaned in line with the check-out report’
If the comparison of the check-in and check-out inventories only show part of the property needs additional cleaning

Carpet cleaning

A landlord claimed that carpets were professionally cleaned at the start of the term but were left with stains at the end and requested full replacement costs.

The tenant asserted said that the stains were fair wear and tear. The comparison of the check-in and check-out reports showed the extent of stains and deterioration.

The landlord did not provide any explanation why the carpets could not be cleaned and why replacement was the only option.

While the tenant was found responsible for costs, only a percentage of the total claimed was awarded as the evidence did not support replacement costs.

Top tips

Fair wear and tear only applies to condition and does not extend to cleaning
Detail/description and photographs in the check-in Inventory can be critical when assessing the extent of any deterioration to carpets
Remember to take into account fair wear and tear, and betterment – as claiming 100% would be considered betterment
Furniture indents, shading, fraying etc are all fair wear and tear, however stains are ‘damage’

Redecoration

A landlord claimed full redecoration costs for marks on the walls, which were recorded in good condition at the start of the tenancy. The tenant said the marks are due to fair wear and tear over the 12-month tenancy.

When compared, the check-in and check-out reports showed light usage marks in some rooms and more extensive marks in others. Light usage marks are generally considered fair wear and tear while heavier marks are seen as more than reasonable wear and tear.

The contractor’s invoice was a single one-line saying ‘supply materials and redecorate 2 bed flat’. The decision made an allowance for areas that the landlord was responsible for and those which the tenant was responsible for as well as reasonable wear and tear before awarding a proportionate amount.

Top tips

If the property was repainted at the start, make sure it is recorded in the check-in inventory
Invoices should clearly break down the areas and work carried out for the cost
Remember to make an allowance for fair wear and tear as the tenant has had use of the property for the length of the tenancy
Redecoration is usually split into three main areas:
• Light usage marks (fair wear and tear) = no breach
• Heavy marks/damage = breach
• Redecoration done without permission = breach

Repairs

A landlord claimed the lounge ceiling was damaged by a leak from the bathroom above during the tenancy.

The tenant said he informed the landlord as soon as it happened and provided evidence to support this.

At the end of the tenancy, the comparison of the check-in and check-out reports clearly demonstrated the result/impact of the water damage which had not been redecorated before the tenancy ended.

The contractor’s report confirmed the problem was caused by an old pipe and not due to any tenant negligence.

Whose responsibility do you think it is to repair the lounge ceiling damaged by a leak from the bathroom above during the tenancy?

The landlord is responsible for repairing the damage
The tenant is responsible for repairing the damage
Both the landlord and tenant are responsible for repairing the damage
I'm not sure

Top tips

The landlords are responsible for

Taking the appropriate action in a reasonable time
Dealing with issues that arise during the tenancy as soon as practically possible

The tenant
Has a duty to report any damage that can affect the structure of the property as soon as they are aware of it
Is only responsible for negligent acts or allowing an issue to get worse by not reporting it when it is clearly there

Garden maintenance

A landlord claimed that the garden was in excellent condition at the start and returned overgrown.

The tenant said that there was no record of the condition in the check-in inventory and the garden was returned in the same condition as at the start.

While the landlord provided the tenancy agreement which made it clear that the tenant was responsible for looking after the garden and there were, dated photographs and an invoice for the work done at the end of the tenancy, without any detail for the start, the tenant could not be found responsible for the proposed deduction.

No award could be made.

Top tips

Comparative reports are essential
Bear in mind seasonal growth – what is the appropriate condition for the start and end of the tenancy especially if they are at different times of the year
Photographs of gardens make good supporting evidence for negotiating/ disputes

Missing and replacement items

A tenant disputed a landlord’s claim for missing and damaged items, including cutlery, vases, keys, fridge drawers and kitchen equipment.

The adjudicator had to decide whether the items were missing or damaged. Inventory photographs show the quality of the missing and damaged items:
•confirming that the tenant had removed some items and caused damage to others
•the damage was more than just fair wear and tear

Awards were made taking into account the items’ condition at the start, their quality and length of tenancy. As the landlord was claiming new for old, a percentage award was made to avoid betterment.

How do you think awards should be determined in cases of missing and damaged items?

The landlord should receive full compensation
The tenant should receive a percentage award

Top tips:

The inventory should record exact numbers of items at the start
Photographs can be of great value showing quality and condition to support the written words
Allowance for fair wear and tear must be made – age, condition at start, quality, length of tenancy, lifespan of such an item
Invoices/estimates must be on a like-for-like basis