Photographic evidence 'not enough' in tenant disputes

AFS Team·13 February 2015·4 min read

Photographic evidence 'not enough' in tenant disputes
Landlords and letting agents are being warned that the use of photographs to illustrate the state of a rental property when a tenant moves in may not be good enough to use in a dispute.
The warning comes from My Property Inventories who say that photographs often do not have enough detail to back-up claims being made in a dispute.
The use of photography by letting agents and landlords when putting an inventory together has grown in popularity in recent years but from the research carried out by the firm found that adjudicators are increasingly unlikely to accept the images.

Digital evidence in tenancy deposit disputes

A director of My Property Inventories, Danny Zane, said: “Many agents and landlords use digital evidence as a replacement for written descriptions for the inventory at check-out and check-in.
“This leaves landlords exposed to a potential costly dispute over damage.”
He added: “The onus is with the landlord or agent to provide proof for proposed reductions because the law states clearly that the deposit is the tenant’s money and they are entitled to get it back if they have met the terms of the tenancy agreement.
“However, without a properly detailed and accurate inventory, a landlord has no evidence for proving that their property has been damaged during the tenancy and they will find it difficult to withhold any deposit money as result.”

Detailed descriptions in inventories are key

Mr Zane said that a 'glossy inventory' which relies on lots of photographs is of little use should a dispute arise and letting agents and landlords should take the time to give proper descriptions alongside the inventory images.
While video and photographs can illustrate clearly damage to worktops and carpet burns, for instance, they do not illustrate scratches to baths, sinks and worktops which is why the images used should be of high quality to help illustrate any damage.
Landlords and agents who do use photographs should also steer clear of using thumbnail images as evidence of any damage and use photographs of a reasonable size which will reveal the damage being complained about.

New laws on rental properties in Wales criticised

Plans by the Welsh government to tackle rogue landlords have been criticised by landlords across Wales and a homeless charity.
The government has unveiled its Renting Homes Bill which, it claims, will tackle retaliatory evictions which is where tenants are evicted for making a complaint about their property.
Now the Residential Landlords' Association has warned that the new bill will become a 'lawyer's charter' as landlords and tenants become embroiled in a costly court battle.
Their stance is being backed by Shelter Cymru who say the law will push up rents and will not tackle rogue landlords.