10 reasons why we’re not using Welsh Gov’s model occupation contract – #5: Inventory requirements too strict for some landlords
In relation to providing contract-holders with an inventory, Welsh Gov’s model Written Statement states:
Inventory (S)
1. The landlord must provide you with an inventory in relation to the dwelling no later than the date by which the landlord must provide you with the written statement of this contract in accordance with term 49 (14 days from the occupation date).
2. The inventory must set out the dwelling’s contents, including all fixtures and fittings and must describe their condition as at the occupation date.
We’ve picked out a few reasons why, if left unedited, these terms leave landlords in a weak position for claiming for damages come the end of the contract:
- For landlords of student accommodation who charge a reduced rent during the summer if the property is unoccupied, providing an inventory 14 days from the occupation date stated within the written statement (meaning the tenancy start date) is too restrictive. They tend to use this period to perform repairs or improvements, so to provide an inventory showing the property within 14 days of the tenancy start date, i.e. in its “before work” state, would be premature, inaccurate and it wouldn’t demonstrate the condition in which the students are expected to return the property when they leave. In reality, most students collect their keys shortly before the start of term, so it would be more prudent to provide them with the inventory then.
- The second part of the term says an inventory must “describe” the condition of the property. For us, “describe” is unclear and could be interpreted as meaning the inventory must be written, when nowadays most inventories tend to be visually-based, i.e. photographic or video.
- Not only that, but it says the inventory must describe the condition “as at the occupation date”, which – as we’ve covered above – doesn’t allow for any maintenance or improvement work to be carried out and shown, especially where the last tenant(s) only moved out immediately before this new tenancy started.
Without amending the terms of Welsh Gov’s Written Statement, we fear a lot of landlords will be unable to meet its requirements. If a deposit claim is then disputed, a contract-holder could point to the failure to adhere to the terms of providing an inventory, which may well mean a dispute adjudicator or a court judge awards payment to the contract-holder by default.
Let CPS Homes help
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