RESIDENTIALlettings
QUICK GUIDE TO AVOIDING DISPUTES
CLAIMS BEGIN HERE
> Agent accepts poor or limited instructions
> Takes on property in poor condition
> Fails to recognise greedy or difficult landlord
> Inventory lacks detail – and is unfair
> Property poorly presented for showing, not clean, unheated, post on mat
> Insufficient keys > No welcome pack > No contact details for repairs
CLAIM AVOIDANCE 1
> File complete > Papers in order > Invoice > Tenancy Agreement > Guarantor Agreement
> Utility forms for signature: Council tax advice
> Electric, gas and water forms
> Keys for each tenant > Duplicate inventory > Local information folder > Welcome pack > Follow up phone call
CLAIM AVOIDANCE 2
Two weeks before End of Tenancy:
> Check out action list to tenant comprising:
> Detailed cleaning schedule
> Garden tidy > Remove oil stains from drive
> Contents in Inventory order
> Send copy of inventory
which bins to use, parking regulations, etc. The back page gives contact details of the agent’s management department with useful phone numbers (hospitals, chemists, takeaways that deliver). The print cost is more than covered by a reduction in tenant phone calls and emails. Other ideas include supplying an ironing board even in unfurnished property – no more iron scorch damage to carpets!
KEEPING THE PEACE
A poor or late response to repair requests can waste all of the goodwill won by the careful first steps. Selecting repair contractors who clean up behind them before leaving, even if the job takes more than one visit to complete, win brownie points for property managers and reduces the incidence of disputes and problems at the end of the tenancy. Management or landlord visits every
3 months or so are a must for catching problems early. A tenant may not notice a blocked gutter or damaged downspout until damp stains on an inside wall are obvious. Visits are not an excuse to criticise minor housekeeping faults, working couples may not have time to wash up before leaving for work, but should be gently but firmly advised if more serious problems are evident.
> Replace failed light bulbs
> Cancel: Papers, milk, phone, standing orders
> Re-direct mail > Change of address cards
GOOD QUALITY
CHECKOUT
> Colour photos of faults > Instructions to cleaners > Advise landlord, tenant and guarantor of potential claims
> Obtain third party estimates
> Role as arbiters > Kill excessive claims > Negotiate settlement > Speed – tenant is liable for any loss of rent
> Remember that the courts are the back stop
Mature field staff with
experience of bringing up a family and coping with the multitude of household tasks are a real asset for the agent, while landlords letting their own home who visit can be a positive danger since their enduring memory is of the house when they left having cleaned everything as never before. The last positive step in avoiding
disputes is to help tenants plan their move out well in advance. Few people realise that the Post Office cannot cope with instructions to redirect mail in much less than three weeks, or that BT and some other telephone and broadband suppliers require 5-7 days notice. Tenants should be reminded to cancel
standing orders, advise bankers, credit card companies, and mail or email suppliers of change of address. Issuing a comprehensive cleaning schedule avoids silly errors such as ‘forgetting’ to clean windows or remove oil stains from parking spaces and garage floors. A high level of customer care, given
to both tenants and landlords, generates a level of trust that will assist agents to settle disputes when they do arise.
A CLAIM IS NOT A DISPUTE
Remember, a claim does not equal a dispute. Handled sensitively but firmly, reasonable claims can be settled and agreed through prompt action by the agent or landlord. Speed is essential, landlords who manage their own properties should be offered immediate assistance at minimal cost. Unless trusted inventory clerks are
employed, an immediate inspection of the property is vital to decide whether or not a claim is justified. If not justified, say so, firmly and quickly in friendly reasonable terms by telephone if possible, followed up by email or by letter. Even difficult landlords find it difficult
to pursue claims or excessive claims when confronted by a competent agent. Equally, tenants who hope to get away with damage, lost or broken items can be prevented from avoiding their responsibilities when firmly addressed. Reference to a well prepared inventory stops a lot of argument. Skilled property managers must want to avoid a dispute, but not at the cost of an unfair decision. Clear action on the lines of, “I want to help you settle this matter without the cost and delay of the
Dispute Resolution Service who know neither you nor the
property,” is an opening line that often works. Reluctant tenants are best reminded
that a claim for loss of rent will follow if necessary works or repairs are delayed by a dispute that takes time to resolve. Keep hard copy and computer files in
order so that documents can be delivered for third party dispute resolution quickly if necessary. Digging into a bulky file that contains all of the paperwork for multiple tenancies of the same property is a horrible task. One file for long term matters relating to the landlord such as instructions, copies of service agreements and guarantees should be distinguished by file cover colour. A separate folder of a different colour should relate to one tenancy only. Organisation is the key. Finally, remember that you always have
legal recourse and the courts are the final arbiters if matters go seriously awry.
PROPERTYdrum MARCH 2010 49
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