Adjudicators reckon around 20% of claims are for decorating and repairs – second only to cleaning.
To make a successful claim, landlords need to bear in mind some key points:
• Who says a repair or redecoration is needed? The best recommendation comes from an impartial, professional witness and not the landlord unless the damage is glaringly obvious
• Is there any evidence to show that the damage was caused during the tenancy?
• Does the landlord have a detailed inventory and photographs showing the condition of the property and any areas under dispute at the start and end of the tenancy?
• Does the landlord have any evidence to prove the original cost of the damaged item – like a dated receipt?
• Has the tenant signed the inventory and photographs to confirm they are a true and accurate record?
• Has the tenant offered to repair or replace the damaged item?
• Has the tenant disagreed with the landlord’s estimate of costs to put the damage right? If so, do the estimates come from an impartial professional?
• Did the tenant tell the landlord about the problem during the tenancy, for instance during a property inspection, so action could be taken to minimise the damage?
• Was the tenant aware that the cost of any damage or repairs might come from the deposit held on protection?
• Is the landlord’s claim reasonable and supported by independent costings?
One of the key points for adjudicators is a landlord or tenant should not be better or worse off at the end of a tenancy, so the claim must be fair and reasonable – and that includes any costing.
Landlords cannot claim fair wear-and-tear as damage against the tenant’s protected deposit. Fair wear-and-tear depends on the merits of each tenancy – for instance, a tenant with pets or young children is likely to cause more wear than a single pensioner.
