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How the everyday law actually works
What's Your CaseHow the everyday law actually works

Housing

The condition report at move-in decides the argument at move-out

An inventory is not administration. It is the evidence both sides will rely on a year later, and the party who took it seriously at the start almost always does better.

By Imran Sheikh4 min read

Black wallet and metal keys resting on a textured wooden table.
Photograph by Karolina Grabowska www.kaboompics.com via Pexels
General information, not legal advice. This explains how something generally works. Law differs by jurisdiction and turns on the facts of a case, so take advice from a qualified lawyer before acting. How we work.

The document nobody takes seriously at the start

On the day someone moves in, the condition report is the least interesting thing in the room. There are keys to collect, a van outside, and a document listing the state of every surface in a property the tenant has already decided to live in. It gets skimmed and signed, and it is filed somewhere nobody expects to look again.

A year or two later it becomes the most important piece of paper either side holds. Every disagreement about the state of the property will be measured against it, and whichever party neglected it will discover that the other party’s version is the only version on record.

What the report is trying to fix

The underlying problem is evidential rather than legal. Two moments in time need to be compared, they are separated by a long gap, and memory is a poor instrument for that job. People genuinely and sincerely misremember the state of a room they lived in, and there is nothing dishonest about it.

A condition report freezes the first of those moments. It converts an impression into a record made at a time when neither party had any reason to shade it, which is precisely what makes it persuasive later. A document created before anybody had a stake in the answer carries far more weight than one created afterwards, and adjudicators and courts alike treat it that way.

Photographs beat adjectives

Descriptive words carry very little. Good condition, minor marks, generally clean — none of these settle anything, because the disagreement later will be about exactly where those thresholds sit. A photograph with a visible date and enough context to identify the room does settle things, which is why image-heavy reports have become the norm where they are used at all.

Detail is cheap at the start and expensive later. Appliances working, meter readings, the number of keys, the state of the garden, existing scuffs and stains, anything already broken — each of these has been the whole of a dispute at some point. So has the presence or absence of a single item of furniture, because nobody wrote down whether the wardrobe was there.

Meter readings deserve a line of their own. They are the one item on the list that concerns a third party rather than the landlord, and an inaccurate opening reading can produce a utility bill for somebody else’s consumption that takes months to unwind.

Signing it, disputing it, and the window for both

Most arrangements give the tenant a period to review the report and note disagreements. That window is short by design and easy to let pass, and letting it pass is usually taken as acceptance. If something is wrong, the correction has to be made in writing and sent to the other party, not merely noted on a copy kept in a drawer.

It is worth being specific rather than general when disagreeing. A note saying the report understates the condition of the property is nearly useless. A note identifying the stain by the window in the second bedroom, with a photograph attached, is evidence. And keep proof that the correction was sent, because a dispute about whether it was ever received is a miserable place to end up.

The check-out is a comparison, not an inspection

The report at the end of a tenancy is doing something narrower than people assume. It is not asking whether the property is in good condition; it is asking what has changed since the first report, and whether the change exceeds what ordinary occupation would produce. A property that was tired at the start is not required to be less tired at the end.

That is why attending the final inspection, or at least taking a full set of dated photographs on the last day, is worth the hour it costs. Once the keys are handed over, the tenant has no further access and no ability to record anything, and any subsequent damage becomes very difficult to place in time. Whoever holds the property holds the ability to document it.

What a condition report cannot do

It cannot make an unreasonable deduction reasonable, and it cannot convert wear into damage. Nor does it settle who is responsible for a defect that has a structural cause, which is a repairing question rather than a condition one. And it does not extend or shorten whatever time limits apply to bringing a claim, which run on their own schedule and can be shorter than expected.

The rules on inventories, on independent clerks, on what must be provided and when, and on the weight given to an unsigned report all differ by jurisdiction, and some places have no specific requirements at all. This is a description of how the evidence works in general, not advice about any tenancy. Where a large sum or a serious allegation is involved, a qualified lawyer where you live is the right person to ask.

Common questions

Do I have to sign the inventory?

Usually not, and refusing to sign does not make it disappear. An unsigned report is still evidence, though it may carry less weight than one both parties accepted. Signing with written corrections attached is generally more useful than refusing outright, because it produces a record of exactly what was and was not agreed.

How long should I keep my copy?

Keep it, and the photographs, until well after the deposit has been returned and any dispute is closed. Claims connected to a tenancy can be raised after it ends, within whatever limitation period applies locally, so destroying the evidence at the moment of moving out is premature.

What if the landlord uses a professional clerk?

An independent clerk generally strengthens the report, because the author has no stake in the outcome. It does not mean the report is beyond challenge. If it records something inaccurately, say so in writing within whatever window you have, with your own photographs attached.

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Imran Sheikh
Deputy editor, What's Your Case

Imran writes the explanatory pieces on consumer, housing, work and prefers a plain explanation to a clever one.