Supporting Photographic Evidence

 

Using the the highest quality digital equipment, Martin can supply photographs to support the written inventories.Whilst not adequate by themselves in fully documenting the condition and contents of a property they can prove useful in helping to resolve disputes.

 

 

 

Fair Wear and Tear Information

 

We all believe that we know what ‘Fair Wear and Tear’ means. However, now through the legal process it is becoming more defined. A tenant cannot be held responsible at the end of the tenancy for changes in a property’s condition caused by what the House of Lords has called ‘reasonable use of the premises by the tenant and the ordinary operation of natural forces (i.e. a passage of time). It is common sense and experience gained as an inventory clerk which are the two most important assets for successful ‘Fair Wear and Tear’ decision making.

The terms of the tenancy agreement (or other agreements, preferably signed and dated by both parties) may over rule recommendations made herein. It is recognised that Inventory Clerks are at liberty to make alternative recommendations because a document such as this cannot consider all the nuances of every property, its furnishings and events that occur during tenancies.

 

Many factors should be assessed to reach a fair judgement. For example the following should be taken into consideration.

• The quality of the supplied item (which can vary greatly)
• The condition at check in
• The condition at check out
• Any extenuating circumstances

The Law does not allow for betterment, which means a Landlord cannot expect to have old replaced with new at the tenants expense or charge cleaning costs for that soiled at the start of the tenancy.

The tenant has a duty of care to return the property at the end of the tenancy in the same condition, Fair Wear and Tear excepted, as that recorded on the Inventory at the start of the Tenancy.

Landlords must provide documentation and information on any items of particular value for example, antiques, collectables, art works etc. Items of no particular value other than being of sentimental value should be removed from the property.

 

Decorations

There may be circumstances where excessive wear and tear will require compensation or charges to make good, for example numerous nail or pin holes, torn wallpaper, paint/woodwork gouges, soiling etc. Landlords should expect acceptable associated deterioration to their property when permitting smokers, families with young children and pets.

 

Damage caused by smoking, tar and nicotine staining/soiling, may not be considered as fair wear and tear, depending upon the clauses in the Tenancy Agreement. All affected surfaces have to be thoroughly washed prior to being repainted to ensure that staining does not gradually reappear through the new paint.

Location is an essential aspect of the life expectancy of many wall coverings.

 

 

Manufacturers and/or professional advice may be required in the event of pattern wear, rubbing and general durability.

 

If there is any doubt with regard to the expected life of specialist coverings such as silk panels, linen/silk finished wallpaper etc, it is advisable to recommend that specialist advise be sought with regards to cleaning or making good.

 

Laminated Flooring

Surface scratches, nicks and minor indendations are considered to be consistent with fair wear and tear. Drag marks, deep scratches or scrapes, burn marks and stains are considerable to be chargeable as damage.

There are many qualities of laminated flooring, many of which are not suitable for areas such as kitchens and bathrooms. If water penetrates the joints, the laminate surface has a tendency to raise up or blister therefore the tenant cannot be held responsible.

 

Carpet

The following information is required when calculating compensation for stained or damaged carpets.

• Age
• Quality
• Manufacturer’s recommended life expectancy for that carpet
• Traffic/wear at time of check in
• Expected traffic during the tenancy
• Condition at check out
• Any extenuating circumstances

 

Fabrics, Blinds and Upholstery

Tenancy Agreement sometimes require fabrics, (for example, curtains, blinds and upholstery etc) to be professionally cleaned for the start of the tenancy (particularly corporate lettings). It is usual practice to expect the cleaning of fabrics after a 12 month or longer tenancy if professional cleaning was carried out at the commencement of the tenancy. However, we recommend that professional cleaning of curtains be carried out at the owners discretion as regardless of quality, most fabrics age prematurely with too frequent professional cleaning.

 

Cleaning

Soiling or staining to any degree is not considered to be fair wear and tear.

 

White Goods/Appliances

The life expectancy is of that recommended by the manufacturers; however, damage caused by misuse is not considered to be consistent with fair wear and tear.

 

Gardens

• It is usual for a Landlord to be
  responsible for the control of trees
• Who is responsible for large
  evergreen shrubs and hedging should
  be indicated in the tenancy agreement
• Normal weather soiling is considered
  to be consistent with fair wear and
  tear including marks left by planters
  on paving
• Paths and paving should be swept
  and the furniture cleaned

 

Damage by Natural Forces

• Sunlight shining through windows onto curtains and carpets causing fading
• Discolouration and rot of polyester net curtain
• Storm damage to structures
• Weathering of external surfaces

 

Principles of Apportionment

 

Example 1

The apportionment of charges for cleaning, making good etc is commonly used and a useful aid when dealing with end of tenancy charges.

At check in a carpet had not been freshly cleaned and it had a few spot marks. At check out it was found to be soiled. In this scenario the Landlord will not be entitled to full compensation for its cleaning costs, because that would be ‘betterment.’ A Fair solution is for the tenant to pay a percentage of the cleaning costs. The percentage is dependant upon

• The degree of soiling at check in
• The degree of soiling at check out
• When the carpet etc was last cleaned
• An allowance for reasonable use during the tenancy
• Any extenuating circumstances e.g. building or plumbing work etc

 

 

Example 2

A rug is missing at check out. It is described at the check in as having residual soiling and a few tassels missing. What should the tenant pay?

• Expected life expectancy of the rug expressed as a fraction of the total life expectancy, say 2/5ths
• Known damage to the rug at check in which reduces the liability fraction by say by 1/10th
• This gives a liability of 3/10ths of the value of the replacement

 

 

Example 3

From the narrow hall into the kitchen there is sharp right hand turn. Clearly the exposed corner of the walls is very vulnerable and is subject to considerable wear, finger marks and light scuffing. At check in it was noted that the magnolia emulsion was newly washed down but lightly scuffed though the surface was unbroken. At the end of the 2 year tenancy, after being washed down by the tenant prior to Check Out, it appears to have worn through and there is a bad chip. You know that the Landlord believes the tenant should pay for the repainting of the hall. What is fair wear and tear and what is damage in such a circumstance?

Whilst it can be argued that an exposed location will have to have its emulsion renewed more often that that in a sheltered spot, which is appropriate in this circumstance? The damage will have to be made good at the tenants expense. How much? We recommend that all the cost of the repair to the corner wall, plus an appropriate contribution for the repainting of that specific area only, though the age of the decorations has to be taken into account. The remainder is normal maintenance which is the Landlords responsibility.

Terms & Conditions

 

An Inventory is intended as an independent, accurate and informative report to both landlord and tenant about the conditions of any fixtures, fittings, content and décor. It is a fair and accurate report which also describes the cleanliness for rental properties. It should not be used as a valuation or structural report. It is the responsibility of the landlord, tenant and/or the respective agent to agree between them the accuracy of this report and it is advised that both parties sign it as a confirmation.

 

The inventory is compiled on the basis that all items listed are in good order and clean. Any defects or soiling are noted in the conditions box. The person preparing the inventory is unable to attribute the value of any objects in the property and can only provide a description of all items for identification purposes only in order that each item can be compared to its original condition at the time of the check out.

 

The clerk preparing the Inventory is not an expert in fabrics, woods, materials etc nor a surveyor. The inventory should not be used as an accurate description of each piece of furniture and equipment nor as a structural survey report.

 

Our clerks will not move any large or heavy items nor describe the contents and condition of any inaccessible areas such as lofts, high-level cupboards, basements, sheds, cellars and locked rooms. Neither can we inspect any items put away in such a manner that they cannot be taken out easily. Belongings that have been left in these mentioned areas, which have not been inventoried, are the sole responsibility of the Landlord.

 

Bed linen, towels and other similar items will be inspected to the extent that they are freshly laundered and will be counted only and not inspected in great detail. Heavily soiled items may not be fully examined by the Clerk.

 

Mattresses will be inspected where accessible and will not be examined should the bed be made up.

 

Contents in the kitchen and similar areas such as kitchen and dining cutlery, crockery cookware and glassware will not be itemised where their value is low and they are well used. Items may be grouped

 

Contents of garden sheds or garages other than garden tools will not be itemised unless they are considered to be of value in excess of £20. The other items may be grouped.

 

Plants and any other items considered perishable will not be listed. Any measurements given are approximately.

 

Windows are not checked to see whether they open or not, it is the Tenant’s responsibility to report on non-opening windows.

 

It is the agent's or landlord's responsibility to make the clerk aware of the location of any meters. Should meters not be located or accessible, then no meter readings will be included in the report. The relevant utility companies should check all meter readings, as we cannot be held accountable for any discrepancies. Boilers, gas fires, water supply and radiators are not tested.

 

It is the tenant's or letting agent/landlord's responsibility to inform the correct authorities of all meter readings at the commencement and termination of their tenancy, including leaving forwarding address for billing purposes.

 

All fire appliances should be checked annually in accordance with BS5306 Part 3. However, should any smoke detectors need replacement batteries between maintenance visits; it is the tenant's responsibility not the Landlord.

 

It is the Tenant's responsibility to supply replacement light bulbs when necessary according to the original Inventory Report.

 

Please be aware that it is the tenant's responsibility to operate the property in such a way as to avoid excessive condensation leading to mould growth. Bathrooms should be ventilated adequately during or immediately after use. Window frames and sills must be wiped regularly to avoid discolouration where condensation is especially concentrated.

 

It is the Landlord's and Agent's responsibility to make sure that the property is ready for inspection. It is recommended that the property is clean and tidy before any Inventory/check-in and check-out is booked, in order for the clerk to be able to complete an accurate and fair condition report of the property.

 

At the end of the tenancy the Inventory will be checked. Please note that all personal items must be removed, all cleaning must be completed prior to the check out date and the property restored to the original condition as to the commencement of the tenancy. If you are not ready to leave we may not be able to carry out the Check out and if a return visit is necessary a charge will be added.

 

Access to the property

Either the Landlord/Tenant/Agent shall provide access at the arranged time.

 

Keys

Parkview Estates cannot accept responsibility for any lost or unaccounted keys. Parkview Estates will however, be happy to sign when taking and returning any keys to an agent’s office.

 

Payment terms

All payments for any reports will become due by the due date stated on the invoice. This is usually within 14 days of the invoice being issued. For late payment surcharges may apply.

 

Completion/delivery of the inventory

Parkview Estates will endeavour to deliver all inventories within 1 business days from the time of leaving the property. Although Parkview Estates will aim to dispatch the report within the allotted time, 24 hours, Parkview Estates fees will not be reduced in any way should the report be delivered after this time. All appointments commissioned from Parkview Estates and delivered by post or email, remain the intellectual property of Parkview Estates. Required hard copies may be printed, copied or retained, but may not be electronically copied, altered or retained without the express permission of Parkview Estates. The Agent/Landlord is responsible for checking the report on delivery. Any disputes over content or description must be registered in writing to Parkview Estates within 7 working days.

 

Cancellation/aborted visits/waiting time

A charge will be applicable under the following circumstances; a fee of £30 will be charged should the appointment be aborted for any reason, within 24 hours of the appointment time/date. The clerk will wait outside the property for up to 20 minutes; the inventory clerk will abort the inventory visit should no access be available after 20 minutes, with a £45 cancellation fee to apply.

 

Insurance

Parkview Estates carries a full Public Liability Insurance up to £1,000,000 and Professional Indemnity insurance up to £250, 000.

 

Complaints

Any circumstances allegedly giving cause for complaint about our Service should be confirmed in writing no later than 7 working days as the cause of the alleged complaint arises. The complaint will be investigated and action taken as necessary.

 

Disputes

In the unlikely event of a dispute arising out of a dilapidation check out assessment, between the landlord and tenant, Parkview Estates will always remain impartial and give further advice if necessary. Should any dispute remain unsolved and require court action, a fee will be chargeable.

 

Dilapidations

On termination of the tenancy the Inventory is rechecked at the check out visit. Any discrepancies and/or changes will be reported to the Instructing Principle.

 

Fees

Parkview Estates shall be entitled to invoice the person or persons or company who has given the instruction. If the instructions to prepare the Inventory or other inspection are given by any party this contract is deemed to be made between Parkview Estates and that party as principal and the invoice rendered to and payable by that party unless agreed in writing with Parkview Estates. If the invoice has not been paid in full within 28 days of receipt then without prejudice to any other right or remedy of Parkview Estates shall be entitled to charge interest on the amount unpaid at the rate of 1% above the base rate as set by Lloyds Bank on the date of the invoice, compounded weekly from the date of the invoice until payment is made in full.

 

Change of prices

Parkview Estates reserves the right to change its prices at any time and such changes shall be effective immediately upon any changes being posted on the website. However, any prices for a mid term review or a check out that was stated on the AST (Assured Shorthold Tenancy Agreement) or CONTRACT (Bare Contractual Tenancy) at the time of the inventory/check in will remain the same.

 

The Fire and Furnishings (Fire) (Safety) Regulations 1988

The Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

The Fire & Safety Regulations regarding furnishings, gas, electrical and similar services are ultimately the responsibility of the Instructing Principle/Landlord. Where the Inventory notes FFR label seen, this should not be interpreted to mean that the item complies with the furniture & furnishings (fire) (safety) (Amendments) 1993. It is record that the item had a label as described, or similar, to that detailed in the guide published by the Department of Trade and Industry January 1997 or subsequent date attached at the time the Inventory was compiled. Any electrical appliances tested will be for power only and only where practicable. The Landlord warrants that he is fully aware of the terms and conditions of the above regulations including subsequent amendments or replacement regulations. The Landlord declares that all furniture presently in the property or to be included in the property to which this agreement complies in all aspects of the regulations. It is the sole responsibility of the Landlord to ensure that any furniture purchased for the property during the tenancy will also comply with these regulations for the duration of the tenancy. We will be happy to offer any advice or clarification on the above regulation.

 

Disclaimer

This website and related information is provided by Parkview Estates, on an “as is” and “as available “basis. Parkview Estates makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, material, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Parkview Estates, disclaims all warranties, express or implies, including without limitation, implies warranties or merchantability and fitness for a fitness for a particular purpose. Parkview Estates does not warrant that this website, its servers, or e-mail, sent from Parkview Estates are free of viruses or other harmful components. Parkview Estates will not be liable for any damages of any kind arising from the use of this, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

Parkview Estates uses reasonable efforts to include accurate and up-to-date information on this website. Parkview Estates assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Parkview Estates shall have the right to refuse or cancel any orders placed for the product listed incorrectly. If a product offered by Parkview Estates is not as described, your sole remedy is to return it to Parkview Estates for a refund. All postage required retuning a product will be at the buyer’s expense.

 

Martin Williams Parkview Estates 114 Jackers Road Aldermans Green Coventry Warwickshire CV2 1PF

Tel/Fax: 02476 262156 Mobile: 07834982664 Web www.MartWilliams.com Email: mail@martwilliams.com   Contact via email