In this case, the landlord’s claim of £220 was for the replacement of heating oil.
The claim was supported with a photograph of the oil tank interior taken at the start of the tenancy and an email from the landlord to the agent stating that the tank was half full.
The tenants argued that they had added 500 litres of oil to the heating oil tank a month prior to the end of the tenancy and this was supported with an invoice from the oil company.
The adjudicator was presented with a check-in and check-out report, neither of which detailed the oil tank capacity, oil measurement or a watchman reading from the start or end of the tenancy.
The adjudicator was unable to make an award to the landlord as there was no evidence to support their claim that the oil tank required additional oil to return it to a similar level as at the start of the tenancy.
Whilst the landlord had provided a photograph of the interior of the tank at the start of the tenancy, it was unclear and did not show the amount of oil contained within the tank.
The landlord did not provide a comparable photograph of the oil tank at the end of the tenancy in order for a comparison to be made.
In a case where landlords are claiming for replacement heating oil, they are expected to provide details of the capacity of the heating oil tank, a measured oil reading or a watchman reading, both at the start and at the end of the tenancy.
This should be recorded on the check-in and check-out reports and ideally signed by the tenants, so that the adjudicator can compare the readings to inform their decision on deductions and awards.
An invoice to show that the tank was filled with oil immediately prior to the start of a tenancy would also be useful evidence to show the amount of oil present at the start of the tenancy.
We recommend that tenants should check the level of oil detailed in the inventory/check-in report to ensure that they agree with the reading and inform the inventory provider within the stipulated time frame if there are any discrepancies.
Similarly, a tenant should keep records of and provide an invoice outlining the cost and amount of oil that they pay for either during or at the end of the tenancy.
This case highlights the importance of recording specific details at the start and end of a tenancy, including invoices as well as check-in and check-out reports agreed by all parties. A detailed record of information at the start, during and end of the tenancy is vital to supporting a claim successfully.
TDS hosts regular training events. The next adjudication workshop which teaches agents and landlords how to ‘think like an adjudicator’ takes place in London on September 26:
https://www.eventbrite.co.uk/e/adjudication-workshop-london-26-september-2018-tickets-43696662895
Most of the gauges on the side of oil tanks are unreliable – far better if you can convince a landlord to leave it full. The tenant then just has to return it full.
Although you’d still probably get one party saying their oil cost more than the other parties oil therefore they should be made good.
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Dash,
The problem with a landlord providing a full tank at the start of the tenancy is in instances where the tenant leaves without filling the tank, and that means usually not paying the final months rent and probably not cleaning the property either. With the last months rent and a full tank of oil, generally that accounts for the deposit (perhaps more so when the deposit cap comes in).
We have some landlords who will measure and then charge the tenant for the oil in the tank at the start of the tenancy and then the tenant is paid for any oil left at the end of the tenancy. Perhaps that’s the answer ?
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