Deposit dispute case study - disposal of items at the end of the tenancy
We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to agree on how to distribute the deposit when the tenancy ends.
We look at a recent case and break it down. Our Resolution Department Lead, Suzy Hershman helps you to understand our approach.
Deposit details
Deposit £1450
Disputed amount £260
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What happened?
The tenant said:
- some of the items that the landlord wants to charge for were there when they moved in
- all the small items could have been put in the bins and taken away by the council’s weekly refuse collection
- the smart meter reader the agent is referring to relates to the new heating system that was put in during the tenancy
The agent responded, saying:
- there were many items left at the end of the tenancy which the landlord has had to dispose of, and the tenant is responsible for the cost
- there were too many items for the regular waste bins, and some were just too large
- the cost is reasonable considering the amount of time it took to clear and before the property could be properly cleaned
What evidence was provided?
Tenancy agreement, check-in report, check-out report, video clip, photographs, communications
What was decided and why?
- The check-in report was detailed and included photographs of the glass table, kitchen crockery and some other smaller items around the property.
- The check-out report showed numerous items left behind which included a barbeque, an inflatable bed, a glass table, remote control, single duvet, some kitchen crockery, the smart meter reader plus other smaller items.
- The tenant is responsible for returning the property in the same condition recorded in the check-in report.
- The comparison of the reports made it clear that while some smaller items were there at the start, the tenant was responsible for removal costs of other small items and the larger ones that were left when they moved out.
- The only exception to this would be any improvements that may have been made during the tenancy, such as the heating system which was updated during this tenancy. This meant that the tenant was correct to leave the smart meter reader.
- While the landlord was entitled to costs, the tenant was only responsible for disposing of those items that were not there at the start.
- No invoice or estimate was provided as evidence, and the adjudicator found it reasonable to award £156 (60%) of the amount claimed to the landlord for the items the tenant was responsible for.
Key takeaway points
- Make sure your check-in and check-out reports are detailed so a comparison will be robust and make responsibilities clear
- Remind the tenant to look at the check-in report so they are aware of how the property should be returned
- Carry out a pre-end of tenancy inspection or send tenants a pre-end of tenancy guide. These will also highlight areas or items that the tenant should be thinking about before moving out, such as not leaving any of their belongings or anything that should not be left in the property