Question

England | Inventory Schedule of Condition (England) | Start of a Tenancy (England)

Inventory to transfer to new tenant

30 May 2022 | 1 comment

Hi there

We have a tenant that is moving out at the end of the month. They have asked if we would now let the property to their cousin which we are happy to do and so it will be a next day transfer from previous tenant to new tenant.

I know from viewing the property previously that there would be repairs due to ‘put back to good’ from the inventory signed by the existing tenant ( writing on walls, kitchen cupboard damage etc).

Existing tenant and new tenant have requested to use the existing inventory as the template for the new tenant (ie the existing tenant will not have to make good, but it will then be down to the new tenant to make repairs when leaving to put back to inventory agreed March 2021).

I don’t have a problem with this as long as it is all agreed in writing ie the new tenant is happy that the previous inventory, March 2021, is the condition used for when they subsequently leave the property.

My question is – would I have a problem pursuing any damages/claim with DPS when the ‘new’ tenancy comes to an end, when referring to a March 2021 inventory that was agreed by all parties ? ( I know that DPS use date stamps on photos so don’t want to try and fudge it as being June 2022)

Or is there a better way to achieve the above please ?

Many thanks, Paul.

Answer

1 Comment

  1. guildy

    In our experience, these types of “personal” arrangments never work, and it’s typically better to keep it simple and commercial like you would a new unknown tenant by fixing the damage and claiming from the outgoing before the latest moves in.

    It might work if the incoming tenant expressly requests and confirms they are liable, as the inventory was shown at the beginning of the old tenancy, but we’re not sure how DPS would view this.

    You would also need the new tenant to sign the inventory as it was initially.

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