Deposit dispute case study - damages and carpet cleaning

What happened?

The tenant said:

• The carpets were not very clean when we moved in and there were lots of small marks throughout, so we should not be charged for this
• There was already a small crack in one of the freezer drawers which got worse with use over the two years we were living there but this is just normal wear and tear
• The dining room table was not new and already had lots of small marks and scratches on moving in. It is wooden and will naturally deteriorate from use

What evidence was provided?

Tenancy agreement, check-in report, check-out report, receipt for new freezer drawer, invoice for professional carpet cleaning.

What was decided and why?

1. The check-in report was brief, in a tick box style ‘excellent, good, poor’ with minimal written description next to each item. It recorded the carpets, freezer and dining table generally in ‘good’ condition, with the freezer being ‘in used order’ and the dining table having ‘some wear’. Only a few photographs were included in the report showing an overview of each area and there were no separate comments on cleanliness
2. The check-out report recorded the carpets as lightly soiled with numerous small marks and one large stain in the centre of the living room. One of the freezer drawers had a crack in one corner and the dining table now had several small scratch marks. Detailed photographs of each area were provided in evidence
3. Carpet cleaning: The living room carpet, on balance, was found to have been returned cleaned to a worse standard, with a large stain not recorded or reported by the tenant, on check-in. With the lack of detail on the standard of cleanliness in the check-in report or any invoice to show that a professional clean was carried out before the tenancy start date, only a small amount could be awarded towards carpet cleaning
4. Freezer drawer: No award was made for the freezer drawer due to the lack of detail in the check-in report and photographs to see the exact condition of the drawers and whether a crack was already present
5. Damage: The adjudicator made a small award for some scratches on the dining room table. The landlord’s claim was reduced considerably as it was recorded as having some wear in the check-in report and the accompanying photographs were too distant to show the extent of its use

Decision

Tenant:              £200

Landlord:             £130

How can you avoid this happening in future?

• Using a tick box style check-in report is not enough to accurately record the condition and standard of cleanliness in a property
• Include as much detail and description as possible for each item/area on the check-in report so there can be no doubt on its original condition. Think about using short, descriptive words such as three stains, carpet faded by patio door, iron burn mark. This will help in the event of needing to discuss any deterioration to the property when the tenancy ends
• Include both the level of cleanliness AND condition, as they are not the same. Fair wear and tear will apply to the condition of all items and areas but does not apply to cleanliness
• Always take detailed photographs for the check-in report so they are comparable to the check-out report and all differences can clearly be identified
• Use a measuring tool, or even a hand, to show how large a stain, mark or scuff is when taking photographs