Years of collectables, gone! The importance of a good inventory

By Eleanor Trapaud, Trainee Solicitor at Woodstock Legal Services

Woodstock Legal Services recently had a client who owned several properties, one being a beautiful cottage sat on a large plot of land; think ‘The Holiday’. Over the years the landlord and his wife, who are both keen antique collectors, had furnished the property with a number of articles in-keeping with the cottage’s characteristics. 

When renting the property, its charm and character were key selling points, and therefore the landlord, perhaps naively, agreed to rent the property complete with its collection of furnishings. The landlord engaged a letting agent on a let only basis, however he decided to manage the tenancy himself as he lived close by.

Unfortunately, when the pandemic hit, the tenant fell into some financial difficulty and could no longer afford the rent, and despite the landlord’s best efforts, the relationship soon turned sour. When the landlord did eventually regain possession of their beloved cottage, to their horror they discovered that their furnishings had either disappeared or had been ruined; Leather ripped off antique chairs, the large oak dining table scratched and stained, Persian rugs from their travels around the globe, gone – just like that.

Thousands of pounds were then spent on repairing the items that were left and looking for suitable replacements for the items that had been stolen, though due to their nature some were irreplaceable.

When the client then came to Woodstock Legal Services and explained the circumstances, they assured him that unfortunately they deal with cases such as these often. But when reviewing his paperwork, it became apparent very quickly that this case was not going to be straightforward; even the though the landlord did have an inventory, it was not independent, it did not contain pictures and it did not include a schedule of condition.  

The absence of a coherent inventory makes claims for damages all the more complicated, as it becomes very difficult to prove the condition of the property and its contents at the time that the tenant took up occupation. This burden of proof is on the claimant, and it is absolutely necessary to compare to the condition of the property after the tenants had vacated, to prove the claim.  

An independent inventory is usually done before the tenants move into the property, it is then important for the tenants to review the inventory and sign it to show they agree with the condition of the property as set out in the inventory. This document then becomes invaluable if the tenants cause any damage to the property or its furnishings throughout the course of the tenancy. 

In this case, the solicitors managed to piece together evidence showing the presence and condition of the items through photographs and receipts. However, this incurred a significant amount of time and legal costs that would not have been necessary if all the documentation had been suitable to begin with.

Therefore, it is extremely important to ensure that all the pre-tenancy documentation is done to a good standard before the tenant moves into a property. It may take a little bit of time, and incur extra costs initially, but it is absolutely invaluable should anything go wrong during the tenancy.