FAQ's

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DISPUTE GUARANTEE & OTHER BENEFITS

What is your Dispute Guarantee?

Ingenious Inventories Ltd believes that the inventory provider should put its money where its mouth is.

Typically, where a Landlord loses out in a justified claim for a deposit deduction (usually by having to concede some money at the pre-dispute negotiation stage due to inadequate evidence), everyone, except the inventory provider wastes time and money. That is unacceptable when the sole purpose of that provider is to document absolute, objective and complete evidence. Evidence of that type will, in 99% of cases, prevent even an attempt at a dispute. Hence, the Ingenious Inventories Dispute Guarantee.

Click here to find out more about our 100% Dispute Guarantee.

The guarantee applies to protected deposits and disputes raised through the deposit protection schemes. The guarantee does not cover representation in court but will cover preparation of evidence and full advice, which you could, if you wished, use in court proceedings should that ever arise. That is a matter for you, and although we cannot be held responsible for this, the quality of the evidence we provide should assist you to pursue any claim for damages against a tenant.

As an Agent what will be the value to my landlords of offering this service?

The Ingenious Inventories service is a state of the art, forensic level video and written inventory service providing best practice compliance and absolute protection for your clients.

Landlords love this service as they can "walk around" their capital asset in high definition from their home or office, are thoroughly impressed by how well their agent is looking after it and know they will never lose a dispute (barring some rogue decision). This produces an entirely new dynamic with your clients and, intriguingly, between the landlord and the tenant too, as both parties feel protected. Landlords just want happy tenants. You want happy landlords and happy tenants.

You will be able to offer your clients:

- Inventories that far exceed the minimum standards published by ARLA and the 3 Deposit Protection bodies on written and photographic/video evidence;

- A meticulous written inventory corroborated and cross referenced to a High Definition film of every square foot of their property;

- A full Dispute Guarantee, giving them free access to our team of lawyers should negotiations relating to deposit return break down;

- A like for like comparison of every item at check out, corroborated by film of any discrepancies;

- A dramatic change in tenant psychology, reducing damage and even fair wear and tear;

- Virtual elimination of disputes, or even any wrangling with tenants after check out;

- Increased Landlord profit due to reduced damage/wear and tear;

- Expert eyes, ears and feedback on the ground on maintenance issues;

- Happy, more responsible tenants, as they feel protected too;

- Less stress for all;

- Highly competitive prices.

The Ingenious Inventories team is led by an ex London solicitor and backed up by IT and property experts, a team of solicitors and an ex Deposit Adjudicator. Their Dispute Guarantee service means that any negotiations or disputes arising where they have performed the inventory will be fully managed by them, at their cost, right the way through to a full Adjudication if necessary.


What benefits will my agency gain from using your service?

You will receive:

- a meticulous written inventory, plus

- calibre, forensic level High Definition short films of each room on fully chaptered DVDs, that are so powerful evidentially landlords are reporting a reduction in damage, a virtual elimination of even minor disputes and enhanced tenant relationships, plus

- a legal Dispute Guarantee, and

- the same pricing as an old fashioned written inventory.

The benefits are:

- You will astound your clients at the lengths you are prepared to go to protect their capital assets, thus retaining existing business and wining new business by referral.

- Full best practice compliance with ARLA, TDS, DPS and MyDeposits' guidance on outsourcing to qualified, independent experts.

- If you are currently doing in-house inventories, our service will revolutionise your working day, freeing you up to hit the phones and get new business, conduct viewings, or just sit back and think about your business (a luxury few ever seem to have). If you currently outsource, then our service will also revolutionise your workflow, as you will never deal with another tenant negotiation over damage, or any dispute and you will be head and shoulders above your competition with a state of the art service that actually changes tenant behaviour.

- By providing a service that not only wins disputes, but avoids them occurring (and reduces wear on the landlord's asset), you avoid the TDS loading your premiums. That can be worth £1000's every year.

- a full, legal Dispute Guarantee providing free legal advice, negotiation with the tenant, and preparation of all evidence and any defence or other documents should a tenant dispute a proposed deposit deduction.

- Your reputation and marketing will be even further enhanced by providing a state of the art service that actually protects your clients if there is a dispute (formal or otherwise). The better agencies use this remarkable service as a powerful marketing tool and we provide flyers and web/marketing content to assist you. Your success is our success.

- Landlords are currently buying inventories (effectively an "insurance" service) that statistically don't "pay out" in the event of a claim. "My Deposits" figures show that 92% of Landlords (even with good inventories and, usually, photos) lose money in a dispute. The risk of a major damage dispute, like a critical illness, is hopefully fairly small, but it is an unacceptable risk and must be covered fully. Statistically you will have a bad dispute at some stage. Our service is legally unassailable and will complement your already thorough approach to tenant vetting, thus hopefully avoiding any risk of a nasty dispute ever arising.

- We are independent and all our agents are trained to document evidence in readiness for court proceedings (although that is unlikely ever to happen with our inventories).

- Unlike photos, video is virtually impossible to falsify and an average 30 minute video inventory contains the equivalent of 37,500 still photos, all of which are agreed by the tenant with a single signature. Never waste ink again printing off another photo inventory.

- the same pricing as an old fashioned written inventory.


What are the benefits to me as a landlord in using your service?

- The incidence of property damage is reduced (and interestingly this often includes fair wear and tear) merely because tenants realize that a High Definition forensic film of every inch of the premises exists. They clean more thoroughly and more often and this reduces, for example, wear on carpets and mould growth in bathrooms, etc.

- This is a state of the art service that completely protects you if there is a dispute (formal or otherwise).

- It enables you to "walk around" your capital asset in high definition from your home or office and know that nothing has escaped notice, and also that you will never be disadvantaged in negotiations, or lose a dispute due to lack of evidence. It enhances the relationship with your tenants as both parties feel protected.

- Our service also includes (all in the price) a complete Dispute Guarantee. In the highly unlikely event that the High Definition video evidence does not dispatch any attempted dispute, this Guarantee will fully cover you should a dispute still arise over the deposit. In this case we will provide specialist legal advice, under the supervision of one of our team.

- Unlike photos, video is virtually impossible to manipulate and an average 45 minute video inventory contains the equivalent of 67,500 photos, all of which are agreed by the tenant with a single signature. It is impractical to photograph every square inch of a property and then have the tenant sign off each picture.

- Never again use up all your printer ink printing a photo inventory.

- We offer you the highest level of expertise and a more relaxed working life.


Is it really possible to change tenant behaviour?

Yes, absolutely. We are repeatedly told by our clients that the incidence of property damage is reduced (and this actually includes fair wear and tear) because tenants realize that there is a High Definition forensic film of every inch of the premises. They appear to be cleaning more thoroughly and more often and this reduces, for example, wear on carpets and mould growth in bathrooms, etc. This saves landlords money even on fair wear and tear. An inventory that is really meeting minimum evidential standards means accountability, and that creates a new and healthy tenant psychology.

A good Check-in protocol, which fully engages the tenant in the process, also ensures tenants are empowered by the existence of such powerful evidence. They see that they cannot be blamed for any pre-existing damage … and they know they can prove it and secure the return of their entire deposit if they have looked after the property. This calms the landlord/tenant relationship, creating an equality of evidential power, thus reducing the risk of over defensive arguments later on.

Can you really produce a high quality, detailed written inventory and 2 high resolution, chaptered DVDs in 24 hours?

Yes, easily. Our technical back end is so developed that we regularly produce high volumes of inventories in less than 48 hours. We ask clients for 5 days' notice of inspections if possible, but we recognise this cannot always be done.


EVIDENCE AND ADMISSIBILITY

What is an inventory actually for?

This sounds an obvious question, but many in the inventory industry have slipped into complacency and has lost sight of the one reason for its existence:

To gather legally unassailable, complete and objective evidence of the contents and condition of a property at the commencement of each new tenancy.

That's it. Nothing less.

Unfortunately, landlords are paying millions of pounds a year for:

Legally weak, incomplete and subjective written descriptions of the contents and some of the condition of their properties once every few tenancies.

"My Deposits" and DPS figures show that anywhere between 82% and 92% of landlords lose all or some of their money claims in adjudications, even with inventories often backed up with photos. Landlords should simply refuse to continue to fund this industry unless it begins to provide evidence they can rely upon. They would not purchase an insurance policy that they knew would barely ever pay out.

When disputes arise the Landlord will lose all or some of his/her claim in virtually every case according to the figures produced by the Deposit Protection bodies. How is that possible? How can it be that he/she has less than a 1 in 10 chance (according to My Deposits) of successfully claiming a reasonable contribution towards damage and cleaning?

"Updating" already old, weak, subjective and partial evidence with additional weak, subjective and partial evidence merely compounds the problem each tenancy and tenants are getting wise to their evidential superiority. This is why ARLA states that inventories must be "…recreated before the beginning of each new tenancy."1

None of this is to say that the better inventory companies are not sincere and diligent in their work. But it is to say that they have at their disposal the best available techniques and evidence and are simply not using them. The result is a costly and time consuming chain reaction that every one except the inventory company pays for. The tools and the evidential techniques are available and the industry must change and start embracing them, or it will find itself left behind.

1 ARLA website, http://www.arla.co.uk/information/tenants/inventories/


Why use video?

You will receive:

Inventory clerks/agents are eye witnesses of fact who contemporaneously document the evidence they see. The written inventory is their witness statement, but it is, by definition, subjective. If that witness statement is corroborated by a professionally shot, high definition, objective film, divided into short chapters, with meticulous verbal commentary, then all the world may decide for themselves whether that witness statement is accurate. The film is the nearest possible representation of what the inventory professional actually saw at the time and creates absolute accountability.

A high calibre piece of written evidence corroborated by a professionally shot, forensic level film, allows all parties and the Adjudicator (in the event of a dispute) to know precisely, quickly and objectively what the before and after situation was/is. Photos give no context and can be easily doctored and thus can be easily challenged evidentially. The TDS reminds its users:



“… please remember that digital images can be changed relatively easily. The parties to a dispute may seek to challenge them just because they know they can be altered.”1


The Deposit Protection Schemes also state:

“at the start of the tenancy, you are unlikely to take a photo of something which the tenants subsequently damage. This is easier to overcome with a film, which can encompass every aspect of the property …”1

Because photographic evidence is unclear (or may be unavailable) high quality video evidence should be used to corroborate an independent, meticulous written report.1

Photos are easy to falsify. Film is not. An average 45 minute video inventory contains the equivalent of 67,500 individual images, all of which are agreed by the tenant with a single signature. It is simply impractical to photograph every square inch of a property, print them all off (as is required by the Deposit Protection Schemes1 ) and then have the tenant sign off each picture.

Landlords are currently buying inventories (effectively an “insurance” service) that statistically don’t “pay out” in the event of a claim. “My Deposits” and DPS figures show that anywhere between 82% and 92% of Landlords (even with good inventories and, usually, photos) lose money in a dispute. The risk of a major damage dispute, like a critical illness, is hopefully fairly small, but it is an unacceptable risk and must be covered fully.

1 Tenancy Deposit Scheme, Use of Photographs, Videos and DVDs, Revised Feb 2011 and the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011

Is it true that the Deposit bodies do not accept video evidence?” or “Isn’t it true that video is not admissible evidence?

No, this is an ‘urban myth’, perpetrated by many in the industry who are either ignorant or possibly even deceptive and may not wish to put in the extra effort involved in providing optimal evidence. Inventory clerks are, by definition, supposed to be experts in evidence gathering, so if any one of them does not know that high quality film/video is admissible and indeed welcomed by both the Deposit Protection Schemes and the Courts, then they are, in legal terms, negligent.

Video and film evidence has been admissible in both criminal and civil courts in the UK for decades. The criminal courts daily use CCTV and other footage to convict criminals, (recall the harrowing footage of 2 boys leading James Bulger to his death, or the convictions of 3 Oxford men in 2010 who filmed themselves on a mobile phone raping an unconscious woman) or to dismiss cases wrongly brought (e.g. the case against Jake Smith, dropped at Isleworth Crown Court in 2010, when his defence team accidentally found a YouTube video proving his innocence).

The Civil Procedure Rules governing UK civil court procedures clearly allow the use of video evidence. Even covert video surveillance of suspected fraudulent claimants, commissioned by insurance companies, is admissible in court (even if illegally obtained in some cases).

Have you noticed the warnings you now hear on TV that, “the following contains flash photography and scenes some viewers may find disturbing”? This is because film is considered so powerful that viewers could potentially sue broadcasters for psychological or even physical injury if they were not so warned.

All 3 Deposit bodies actively encourage the use of professional quality, independent video evidence, accompanied by all the other written evidence you would need to win any court case (i.e. a high calibre written inventory, receipts, correspondence, etc). 1

The TDS point out that,

“ … you are unlikely to take a photo of something which the tenants subsequently damage. This is easier to overcome with a film, which can encompass every aspect of the property, or a properly completed inventory at check in confirming that the item was undamaged.” 2

Ingenious Inventories provides both high definition professional film and detailed written evidence that the property was undamaged and clean, etc, at the start of the tenancy (if indeed that was the case).

The Deposit bodies actively discourage the use of amateur, unreferenced video inventories because they are so badly filmed, cannot be authenticated and are not accompanied by legally relevant documentation/evidence. Adjudicators have wasted a lot of time wading through huge videos with no clear guidance as to where the critical evidence is. They will not do it any more. Particularly since 2007 it has become an evidence-based legal process and you almost need to do the job of a solicitor to consistently avoid tenants “having a go” or even just engaging in irritating negotiations. You certainly need to approach any disputes that arise (and they are increasing) in a legally forensic manner, knowing precisely what Adjudicators/ICEs require.

Having seen the increase in poor quality video evidence generally, Chief Executive of MyDeposits.co.uk, Eddie Hooker published the following press release as long ago as 20093:

"It is no bad thing that landlords are trying to provide the most detailed evidence they can. A well put together video can really enhance the check in and check out process. It lets both parties know exactly where they stand and helps prevent disputes. "

My Deposits also acknowledged in the press release that:

“some Landlords and letting agents are now turning to video footage, finding it an effective way to prove a property’s condition at the beginning and end of tenancy.”

MyDeposits’ Guide For Landlords, Wear and Tear – What is Fair?4 also says this:

“Photo and video inventories are a helpful means of recording the condition of the property pre and post the tenancy and should provide a clear record of the property prior to its occupation. Equally, being able to document and provide photographic/video evidence to support a claim against a tenant will help everyone know where they stand … Photos and video evidence on their own may not be sufficient, so support this with a comprehensive, detailed inventory … Ultimately, the more evidence you have the better, so keep the inventory, photos, video, receipts and correspondence safe.”

1 the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011
2 Tenancy Deposit Scheme, Use of Photographs, Videos and DVDs, Revised Feb 2011
3 Press release, 30/10/09, ‘Landlords Turning To Video Evidence’
4 MyDeposits, Wear and Tear – What is Fair? A Guide For Landlords, 2011


The Courts have been using film to lock criminals up for decades. Why on earth aren’t we protecting landlords with it?

See answer to “Is it true that the Deposit bodies do not accept video evidence?”


Is it true that the Deposit Protection Schemes reject or give less weight to inventories done ‘in house’, i.e. not provided by an independent company?

Yes it is. If you, as a landlord or letting agency, produce DIY inventories, even to a good standard, and conduct your own check ins and check outs, then all 3 Deposit bodies have stated that that evidence will either be rejected in certain cases or have considerably less weight put on it than that produced by a qualified and independent inventory specialist.1

ARLA’s best practice guidance also steers its members towards using specialist inventory providers due to the sums now typically at stake in deposit situations (well over £1100 on average and over £1500 in London and rising). In-house inventories carry a natural assumption of potential bias in the landlord’s favour and certainly potential conflict of interest between the purity of the evidence and your commercial interests as an agent.

If you are a landlord, then the assumption of bias and financial conflict of interest are very strong in ‘home made’ inventories. Using professionals to provide you with protection and enhance your tenant relationships makes sense financially and legally. It also frees you up to concentrate on higher value commercial activities.

In their joint statement on Deposits, Disputes and Damages 2011, the 3 Tenancy Deposit Protection Schemes confirmed that:

“Tenancy deposit protection schemes do not disregard, out of hand, inventories that are not prepared by independent companies or individuals. However, they are likely to place less weight on their contents. It may also be necessary for a landlord to provide more corroborating evidence to show the condition of the property than would normally be required if the process was carried out by qualified and independent inventory clerks.

Imagine if that independent inventory company also provides that additional corroborating evidence as standard and then backs it all up with a legal Dispute Guarantee. Arguably, this should be the minimum standard.

The Deposit bodies go on:

“… dated photographic evidence is useful to show any change in the property’s condition. This is also true of any check-in/check-out document and process. Many landlords use their agents to conduct their check-in and check-out inspections. Again these will not be disregarded. However there is an added need to show that the process, and the person undertaking the inspection, was impartial. Adjudicators will take into consideration the general circumstances and relationship between the parties in determining what weight to put on the evidence.”1


1 the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011

Aren’t photos just as good as video or film?

See answer to “Is it true that the Deposit bodies do not accept video evidence?”

Photos are quite helpful in several ways, but have enormous evidential limitations in others. Bad film is next to useless. Bad photos are too. Good film however, is considerably more valuable in evidential terms than good photos.

Evidence must be authentic, robust and capable of proving the issues in dispute. Film is virtually impossible to doctor, unlike photos, which can be tampered with now by almost anyone with a basic computer and some software. Photos can also be challenged on the basis that they cannot show context very easily. A photo of a mark on a wall could be any mark, on any wall, in any room, in any house, etc, etc.

A High Definition, forensic quality film of every square foot of a property on DVD (or BluRay if necessary) will provide complete coverage, unlike a typical photographic inventory. It is simply untenable to photograph every possible area that might later be damaged. Add to this the fact that according to best practice guidance from the 3 Deposit Protection Schemes, you must then print out all the photos and have the tenants sign every single one to verify date, place and subject matter, and it becomes evidentially unworkable.

A professional calibre film from Ingenious Inventories includes:

• Full audio commentary (including observations as to odour, etc)

• Accurate, dated, recording of all fixtures and fittings, including:

• Weather and lighting conditions

• functionality (impossible to show with photos)

• condition,

• relative location, size and 3-dimensionality (impossible with photos)

• cleanliness (dust is virutally impossible to photograph)

• Visual and physical proof of cleanliness (or lack of it)

• Testing all appliances (for power only)

• Audibly testing smoke alarms where accessible, and much more.

So, whilst photos are of some evidential value, they simply cannot provide all this.


Do you conduct a proper re-inspection for each new tenancy and recreate the inventory, or just add to an old inventory?

Our existing inventory company appears to ‘cut and paste’ entries from the original inventory to the next inventory without properly recreating the document according to ARLA best practice guidance.

Yes, every new tenancy represents a new tenant, a new risk, a new deposit and the same capital asset, so we document everything afresh. Ingenious Inventories was founded by a lawyer and therefore we understand evidence. Evidence is:

“information based on facts that can be proved through analysis, measurement, observation, and other such means of research and cannot be objected to on the basis that it is irrelevant, immaterial, inauthentic, “second hand” or out of date.”

Adding to old inventories can easily lead to “second hand” and “out of date” evidence, errors and ever increasing descriptions that make check outs difficult.

The Association of Residential Letting Agents (ARLA) states that an inventory is “… an absolutely essential document that provides a written benchmark, which should be amended, updated and recreated before the beginning of each new tenancy.”1 Recreated means, “created anew.” That is, re-done from scratch and brought up to date. Simply using an old written inventory and adding more and more scuffs, scratches, chips and other comments every year is both evidentially dangerous and lazy. We regularly see classic ‘cut and paste’ errors in these ‘inventories’ because the inventory clerk has literally run around the property trying to cram in as many jobs per day as they can. Sadly, this represents common, but not best, practice.

An inventory must contain evidence that is absolutely up to date (contemporaneous), accurate, detailed, relevant and authentic (i.e. not a copy of doubtful origin). “It must be robust and defensible if it is to be held up as a proper indicator of the facts and therefore viewed as acceptable by an adjudicator or court.2 So called ‘updates’ leave the landlord open to the simplest of defences from the tenant; that the case for taking his money from him is confused, mistaken or inadequate.

The evidential principal is simple: if you want to provide a court, tribunal or Adjudication Service with the best available evidence, and you are concerned that your clients have the best chance of beating the appalling national statistics of losing disputes and having no effect on tenant behaviour, then all of that evidence must be provably authentic, dated, accurate and contemporaneous.

Any evidential concerns fall away if best practice is employed, i.e. to fully and properly “recreate” (to use ARLA’s word) the inventory at the start of each new tenancy. That is why Ingenious Inventories does not “make,” “re-make” or “update” inventories; it contemporaneously and forensically documents evidence applicable to the current tenancy only so that it’s clients will avoid or win any disputes.

If you as a landlord or letting agency have ever been provided with an “inventory” that refers back to an older inventory (so that you have 2 documents to cross refer between) or are offered “updated inventories” at a heavily reduced price, then you need to change inventory providers, because you are wasting your/your clients’ money, are damaging your reputation and are helping to create the appalling statistics showing that 92% of landlords lose money in disputes over deposit deductions.

1 ARLA website, http://www.arla.co.uk/information/tenants/inventories/
2 the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011


COST

What is your "standard package" for inventory provision?

Our standard package includes a main inventory, check-in and check-out service. We also conduct Interim Checks.


Surely a written report of this detail, plus a DVD and a Dispute Guarantee with lawyers is going to cost a fortune?

Ingenious Inventories is recognized as being one of the most competitively priced providers in the market place and is regularly told that it could comfortably increase its prices. The Company has deliberately priced its service right in the middle of the range of pricing available from the old fashioned inventory providers. Many providers charge considerably more than Ingenious, but do not provide a DVD or any form of guarantee of their work (see "What is your Dispute Guarantee?" section). Some providers charge less and the guarantee you get with them is that they will probably be out of business by the time you come to check the tenant out.

When compared to the rest of the market, Ingenious Inventories' service may feel like the 'Rolls Royce' of inventories. However, that is only a relative perception. It is really the minimum standard of evidence that should routinely be offered to all landlords in the UK, especially as it costs the same as an old fashioned written inventory.

Isn't it going to cost more money to outsource our inventories as an agency?

The exact opposite is true.

Firstly, you run a real risk of losing clients, disputes, reputation and money if you don't. All 3 Deposit bodies have stated that 'in house' inventories will either be rejected in certain cases or have considerably less weight put on them than those produced by qualified and independent inventory specialists.1

"Tenancy deposit protection schemes do not disregard, out of hand, inventories that are not prepared by independent companies or individuals. However, they are likely to place less weight on their contents. It may also be necessary for a landlord to provide more corroborating evidence to show the condition of the property than would normally be required if the process was carried out by qualified and independent inventory clerks."

Imagine if that independent inventory company also provides that additional corroborating evidence as standard and then backs it all up with a legal Dispute Guarantee. Arguably, this should be the minimum standard as is the case with Ingenious Inventories' service.

The Deposit bodies go on:

"This is also true of any check-in/check-out document and process. Many landlords use their agents to conduct their check-in and check-out inspections. Again these will not be disregarded. However there is an added need to show that the process, and the person undertaking the inspection, was impartial. Adjudicators will take into consideration the general circumstances and relationship between the parties in determining what weight to put on the evidence."1

Secondly, the average independent letting agency is expending between 30 and 80 hours per month conducting and typing up inventories and this is having a measurable detrimental effect upon commercial productivity. You and your staff are also being taken away from considerably more lucrative tasks, i.e. letting properties and winning new business.

We work with agencies to give them back what usually amounts to an entire working week per month and in the process remove what is for them a boring, badly paid and frustrating task.

We have repeatedly shown, nationally, the enormous commercial benefits of outsourcing inventory work for the lettings industry. By outsourcing to Ingenious, agents benefit from:

• Compliance with best practice guidelines;

• More time for sales and thus more profit;

• Absolute reliability and legally unassailable, complete and objective inventories;

• Inventories that far exceed the minimum standards required by ARLA and the 3 Deposit Protection bodies on photographic/video and written evidence;

• Highly competitive prices;

• A full Dispute Guarantee, putting their money where their mouth is!

• A dramatic change in tenant psychology, reducing damage and even fair wear and tear;

• Virtual elimination of disputes, or even any wrangling with tenants after check out;

• Avoidance of £000's of premium loading with TDS;

• No more liability for inventory mistakes;

• Expert eyes, ears and feedback on the ground;

• Enhanced marketing potential;

• Happy landlords.

Managed Portfolio

We do the standard 3 visit bundle for most good agencies' managed portfolios, usually with 40-50% of cost being passed on to the tenant (via contractual agreement in the AST or the agency's Terms and Conditions, or both). For the non managed properties, some landlords take the Main Inventory and Check-in and, if they note damage at the end of the tenancy, we go back and document that in readiness for any possible dispute (which of course we also fully manage under our Dispute Guarantee).


Let Only

Nationally, most landlords split the cost of the inventory process with their tenants, especially one like this as it equally protects the tenant. It is built into their tenancy agreements and it is considered to be reasonable to split the cost. When this cost is then spread between the Landlord and the Tenant and then spread over an average 18 month tenancy (the national average tenancy length), the cost to your client is only around £5-7 per month for a typical let. This makes it very easy to convince your clients and opens up huge potential for increasing your bottom line. Additionally, you will have the assurance that you are complying with ARLA, TDS, DPS and MyDeposits' best practice guidance which states that inventories should be carried out independently.


There are countless ways to package our service, but however you chose to do it, it will reduce costs and hassle for the landlord, improve profits and marketing clout for you and free up your staff to make considerably more money for the agency.

1 the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011

Can I pass on some of the cost of the whole inventory process to the tenants?

Yes, this is standard and very fair practice nationally. Inventories are there to allow both parties to know exactly where they stand and with an inventory from Ingenious Inventories the tenants are even more willing to contribute to the whole process.

Normally, you the landlord would pay the cost of the inventory and possibly the check in visit and the tenant would pay the cost of the check out. It is also perfectly acceptable to have the tenant pay the check in and check out costs while you pay the inventory cost. This should all be specifically and clearly set out in the Assured Shorthold Tenancy agreement (you should seek your own legal advice on amending your AST).

Most tenants are absolutely delighted when they see that an independent forensic level high definition film has been made of every square foot of the property because it means that they don't have to document everything themselves and they know they can never be blamed for any pre-existing cleaning or damage issues.

Thus, as long as they understand that this inventory service protects them just as much as the landlord, they are happy to pay anywhere between 40% and 60% of the cost of the entire inventory, check in and check out process.

I can get an inventory done of my 3 bed house for £50. Why should I pay any more?

Well, an old adage about monkeys and peanuts comes to mind.

Fundamentally, it comes down to a cold, commercial issue. As a form of insurance the inventory must "pay out" in the event of a claim. The national statistics from My Deposits and the DPS tell us that between 82% and 92% of landlords lose all or some of their money claims in adjudications! That is simply unacceptable. They can't all be trumped up, fake claims and something is clearly very wrong with the current inventory system, as virtually all of these landlords had inventories and most were supported by photos.

Inventories are legal evidence. The joint statement of the 3 Deposit bodies makes it plain that, "…an adjudicator's starting position mirrors that of the courts … This process is evidence based."1  If that evidence does not prove what it needs to prove at least on the balance of probabilities and preferably beyond doubt then the outcome of any dispute will almost certainly and rightly fall against the landlord.

Yes, you can buy inventories for between £30 and £60 and for a lot more, and you can get them "updated" (a concept wholly unfamiliar to lawyers and judges) for very little, but My Deposits' and the DPS' publications say they are not working.

Remember something isn't cost effective, if when you need it the most, it isn't worth the paper it's written on and ends up costing you money and valuable time and energy!

Get the best available evidence, don't cut evidential corners and pay a competitive rate (without over paying) for something that will actually give you and your clients the protection they deserve and make your life easier in the process. As ARLA guidance states: "Landlord and tenant often share the costs involved in preparing and checking the inventory; such costs should be seen as a necessary investment that helps protect the interests of both landlord and tenant.

2 1 the joint statement of the 3 Tenancy Deposit Protection Schemes, Guide to Deposits, Disputes and Damages, 2011
2 ARLA website, http://www.arla.co.uk/information/tenants/inventories/

Can I split the service, ie, just order a main inventory?

Yes, you can separate the service into main inventory, check-in and check-out. There is no need to book a check-out inventory in order to validate our Dispute Guarantee, however, we reserve the right, at our sole discretion, to perform a further video inspection of the alleged area or areas of damage should we deem it necessary evidentially. This will be charged at our normal Check-out rate for the particular size of property.



GENERAL

How well trained are your agents?

Ingenious Inventories agents are some of the best trained inventory professionals in the UK. The Ingenious Inventories workflow demands specific, high level skills that are not easy to acquire and must be maintained by continual practice.

Agents' training takes between 3 and 6 months depending upon their background and experience and involves a total of a week of classroom and one to one tuition (including telephone/webinar support and on-the-job training), followed by many hours of multi-media tuition and reading and both a written and practical examination. There then follows a lengthy period of many months, during which they are continuously assessed and their skills refined, until finally they are fully accredited. If they persistently fail to make the grade they are not accredited and their role is terminated.

Because Ingenious Inventories Ltd was founded by a lawyer, with the express purpose of addressing the legal and evidential weaknesses of the old fashioned approach to inventories, and making our clients' lives easier, much time is devoted to training our agents to understand the forensic and legal process and the needs of letting agents and landlords.

Very few, if any, old school inventory clerks will have had this level of one to one tuition from an ex senior litigation solicitor and TV Director, IT gurus, experienced inventory experts, seasoned landlords and, on top that, exposure to some of the UK's top letting agents.


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