Landlords Beware: You Are Highly Unlikely to Win A Dispute Against Your Tenant

23rd February 2010

Before the introduction of the Tenancy Deposit Protection Scheme in 2007, landlords could choose whether, or not, they prepared an inventory and indeed, how thorough it was. But figures coming back from cases where tenancies have ended in a dispute, suggest that almost all (some 95%) are found in favour of the tenant.

Frazer Fearnhead, Director of The Video Inventory Agency which is the UKs only national video inventory company, warns:
The days of the landlord being in control are over. We wouldnt recommend any landlord entering into a tenancy agreement without having the most professional and thorough inventory prepared. It is simply not worth the risk and a bad dispute can wipe out any profit made on the tenancy.

Mr Fearnhead is keen to remind landlords that an video inventory serves as an official record of what is included in a rental property and what condition it is in at any particular point in time. It helps to assist both the landlord and tenant know exactly where they stand.

Normally, with some exceptions (such as fair wear and tear), the tenant is responsible for making good any loss or damage that has occurred between the time that tenancy started and when it ends.

The inventory and the subsequent checkout inspection therefore serves as evidence in settling any dispute should one occur. Without a proper inventory the landlord has virtually no chance of claiming any damages.

According to Mr Fearnhead, the best way of producing a clear and accurate inventory is to divide the property into a series of rooms. And once you have established a list of rooms, they can be further subdivided into a series of fixtures and fittings. Although, every room in the house is of course very different, the component parts, such as doors, woodwork and light fittings are very much the same. The same methodical procedure should be followed with each room so that all items within that room are covered and recorded accurately.

The Video Inventory Agency believes that it takes considerable time and effort to conduct an inventory in a proper manner. But any landlord who has been in a dispute with a tenant in the last two years and lost significant sums due to a poorly prepared inventory, will realise the importance of having a professional inventory done especially in properties with quality furniture and decorations. It is definitely a case of once bitten and twice shy.

Furthermore, by performing inventories themselves, landlords may be putting themselves at risk as they are not impartial. This may have a bearing on the perceived quality of the evidence and could undermine the value of the inventory in the event of a dispute.

Mr Fearnhead added:
Video evidence is superior to any other form of evidence; just ask the police. It amuses me when other inventory companies try and convince people that digital photographs offer better proof. Given that a typical photographic inventory will comprise no more than 50 photographs and a typical video inventory will comprise what is in effect over 20,000 still images (video is of course really 24 still photographs per second) it is a somewhat spurious argument. They are the same thing its just that video provides thousands more images and thus better protection.


We have also found that a major advantage of using video is that it prevents disputes arising in the first place. There is simply no ambiguity and a tenant cannot argue with a video. It also means the tenant can see everything in perspective and knows where items must be returned to prior to them leaving the property.