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28 Property<br />
Avoiding<br />
Disputes<br />
Recently I heard of a dispute between a <strong>Wigan</strong><br />
landlord and tenants.<br />
Due to the cleanliness of the property at the end of<br />
the tenancy, the deterioration to the décor, damage<br />
caused to various items and tenant belongings<br />
left behind at the end of the tenancy, the landlord<br />
claimed £505.<br />
This was supported by invoices for cleaning, the<br />
repair of the décor and furniture, and the removal of<br />
belongings that the tenant left behind. The tenants<br />
disputed the landlord’s claim.<br />
The check-in report from September 1st 2017 was<br />
submitted as evidence of the record of condition<br />
of the property at the start of the tenancy. But it<br />
was accepted by both parties that there had been<br />
various student tenant swaps since the checkin<br />
report was produced, and that the tenancy in<br />
dispute actually started, not in 2017, but in 2018.<br />
Furthermore, no detailed written check-out report<br />
was provided for the end of the tenancy. There were<br />
a few photographs of some of the issues found, but<br />
no comparable photographs or evidence to show<br />
the condition and cleanliness of the property at the<br />
start of the 2018 term.<br />
The outgoing tenants acknowledged that further<br />
cleaning was required, and additional items and<br />
personal belongings had been left at the property,<br />
so the adjudicator limited the award to those claims<br />
and awarded just £125 to the landlord.<br />
The amount awarded reflected the fact that the<br />
pre-tenancy condition was not known at the start<br />
of the tenancy and that the adjudicator considered<br />
the 2017 check-in report to be of little or no value.<br />
Tenancy swaps are commonplace, particularly in<br />
student accommodation, but if you’re a landlord it<br />
is best practice to bring the existing tenancy to an<br />
end and formally check-out the named tenants and<br />
distribute the deposit.<br />
Only then should you issue a new tenancy<br />
agreement, complete with a check-in report<br />
with photographs reflecting the condition of the<br />
property at the start of the new tenancy.<br />
If you are looking for an agent that is well<br />
established, professional and communicative, then<br />
contact us to find out how we can get the best out<br />
of your investment property.<br />
Email me on alan@alanbatt.co.uk<br />
or call on 01942 233999.<br />
Alan Batt is a member of The Royal Institution of Chartered Surveyors (RICS) and has<br />
worked within the <strong>Wigan</strong> property market for over 30 years.<br />
Alan Batt<br />
For more of Alan’s tips, guidance and analysis on the <strong>Wigan</strong><br />
property market, check out<br />
www.wiganpropertynews.blogspot.co.uk
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