10 reasons why we’re not using Welsh Gov’s model occupation contract – #5: Inventory requirements too strict for some landlords

In relation to providing contract-holders with an inventory, Welsh Gov’s model Written Statement states:

Inventory (S)

1. The landlord must provide you with an inventory in relation to the dwelling no later than the date by which the landlord must provide you with the written statement of this contract in accordance with term 49 (14 days from the occupation date).

2. The inventory must set out the dwelling’s contents, including all fixtures and fittings and must describe their condition as at the occupation date.

We’ve picked out a few reasons why, if left unedited, these terms leave landlords in a weak position for claiming for damages come the end of the contract:

  • For landlords of student accommodation who charge a reduced rent during the summer if the property is unoccupied, providing an inventory 14 days from the occupation date stated within the written statement (meaning the tenancy start date) is too restrictive. They tend to use this period to perform repairs or improvements, so to provide an inventory showing the property within 14 days of the tenancy start date, i.e. in its “before work” state, would be premature, inaccurate and it wouldn’t demonstrate the condition in which the students are expected to return the property when they leave. In reality, most students collect their keys shortly before the start of term, so it would be more prudent to provide them with the inventory then.
  • The second part of the term says an inventory must “describe” the condition of the property. For us, “describe” is unclear and could be interpreted as meaning the inventory must be written, when nowadays most inventories tend to be visually-based, i.e. photographic or video.
  • Not only that, but it says the inventory must describe the condition “as at the occupation date”, which – as we’ve covered above – doesn’t allow for any maintenance or improvement work to be carried out and shown, especially where the last tenant(s) only moved out immediately before this new tenancy started.

Without amending the terms of Welsh Gov’s Written Statement, we fear a lot of landlords will be unable to meet its requirements. If a deposit claim is then disputed, a contract-holder could point to the failure to adhere to the terms of providing an inventory, which may well mean a dispute adjudicator or a court judge awards payment to the contract-holder by default.

It puts landlords in a weaker position than they should be
Rent periods unclear & no deterrent for lateness
Tenants empowered by “unfit property” term
“Tenant-like manner” duties aren’t included
Inventory requirements too strict for some landlords
Payments in event of default aren’t included
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients

Let CPS Homes help

We're experts on The Renting Homes (Wales) 2016 Act and are helping prepare landlords for the changes. By instructing us to manage your property, we will...

  • Work with you to put efficient processes in place well in advance of key dates for new legislation and regulations, ensuring you and your properties are compliant, safe and legal.
  • Save you the cost of a Rent Smart Wales landlord licence and the hassle of ongoing training.
  • Maximise your rental income by ensuring the property is always achieving its full potential.
  • Provide you with your own representative within our Lettings and Accounts departments.
  • Produce a FREE professional walkthrough video tour and photography as part of our standard marketing package.
  • Place you on our VIP Investor list where you'll get priority access to pre-market investment properties before they're listed online.
  • Provide you with peace of mind via our Client Money Protection (CMP) policy, professional indemnity insurance, and redress scheme membership.

To discuss CPS Homes taking over management of your property, contact our Senior Property Investment & Market Advisor, Rhys Owen, today via rhys.owen@cpshomes.co.uk or 02920 668585.

15 November 2022

    The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.

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