Letting agents and landlords told to include invoices ahead of a dispute

Letting agents and landlords are being encouraged to submit images or copies of invoices should a dispute about a renter’s deposit arise at the end of a tenancy.

The Deposit Protection Service (The DPS) said that, despite landlords experiencing significant increases in cleaning and repair costs – in some cases up to 30% or more – some are not submitting invoices to support a dispute resolution claim against a deposit.

The DPS added that agents and landlords should also consider submitting other relevant documents such as tenancy agreements and check-in and check-out reports as evidence in support of their position.#

Matt Trevett, MD at The DPS, said: “Increasing cost of materials, contractors or property call‑outs means that landlords are experiencing higher than usual expenses.

“Landlords and letting agents should always consider providing invoices to their tenants to enable tenants to understand these rising costs and help avoid disagreements.

“Landlords should also consider including other evidence-based documents in support of a dispute so that an adjudicator can easily understand how they relate back to the tenant’s obligations at the start of the tenancy.”

The DPS’ has provided the following top tips for ensuring a smooth claims process at the end of a tenancy:

1. Landlords and tenants should try to agree how much deposit should return to the tenant before starting the deposit return process

Landlords should explain the cost of any damage to the tenant. Landlords who share invoices with a tenant can help renters better understand, and therefore agree to, the requested amounts, helping to avoid a dispute.

2. Submit official invoices

Builders, cleaners and other companies that provide repairs or maintenance should be willing to submit an invoice on headed notepaper, clearly spelling out costs. Adjudicators are unlikely to consider, for example, a handwritten price on an otherwise blank piece of paper, as evidence.

3: Only claim for actual damage

Landlords cannot expect to claim for a full replacement of an item if only a part of it is damaged. For example, if a tenant has slightly dented the door of a three-year-old working fridge, adjudicators may award to cover the cost of repairs or to reflect the fact the damage has shortened an object’s lifespan, however they will be unlikely to award the full cost of replacement.

4. Landlords and tenants should keep all tenancy-related documents

Landlords should keep hold of all documents in relation to the tenancy, especially if a claim leads to an unresolvable dispute (or even a long-running court case). A tenant should do the same.

 

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4 Comments

  1. AcornsRNuts

    Surely this is just common sense, especially giving the tenants copies of the invoices.  I have been doing that for years, although I did have one group insist that they could have cleaned the flat themselves cheaper. My obvious reply was to ask them why they hadn’t?

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  2. Woodentop

    You can submit a quotation and DPS has always accepted this route at the preliminary claim stage, which in variably is accepted by all including DPS and pay out-made. A smooth and less stressful result. Where there is a dispute then obviously proof, invoices etc are required.

     

    You cannot submit an invoice until the work has been done, which could be weeks later and often some works cannot be undertaken before others can start causing further delays, so this will not work for non-disputes.

     

    So is this story accurate or a muddle up of events? Are we talking ‘invoices’ required for initial claim or evidence for disputes not being submitted?

     

    Many a landlord ask for the deposit contribution to get the work done asap and many a tenant want what’s due back to them asap.

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  3. letstalk

    What rising costs? Accordingly to the adjudications of the TDS and DPS it seems they expect cleaners to earn below minimum wage and support the costs of their time and travel, business costs and materials!

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  4. A W

    As if the invoices are actually accepted. There have been many instances where lets say a clean for example, has been undertaken and an invoice submitted (along with the check-out as evidence of a clean not being done) – tenants refuse and the arbitrator does not award the invoice costs, merely a contributory payment.

    Inventories and invoices make the basis of any deposit claim. But that doesn’t mean an arbitrator will agree with them.

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