Private residential tenancy model agreement: easy read notes

25. Contents and Condition

The tenant will likely be asked to sign an Inventory and Record of Condition ("Inventory") and if so this should be attached to the Agreement or given to the tenant before or at the start of the tenancy. A copy of this should be kept by both the landlord and the tenant.

This Inventory should be a full and detailed record of the contents and condition of the property at the start of the tenancy.

• The inventory part is a list of everything in the property being rented, for example, the furniture, carpets and curtains and all the items in the kitchen (as well as the condition of all of these items - so, for example, whether they have any damage to them or marks on them).
• The record of condition part should set out the state of the property itself - and so should, for example, say whether any parts have chips or marks or stains or are broken. This part of the inventory can include pictures to help show the condition of items.

The Inventory can help to avoid a dispute over the deposit at the end of the tenancy - because it proves the state that the property and its contents were in at the start of the tenancy.

If the landlord or letting agent does not give the tenant the Inventory before the start of the tenancy, the tenant should ask for it.

The tenant should:-

• Check the Inventory before signing it and make a note of anything damaged, broken, or worn-out. This checking includes making sure that everything in the property is listed on the Inventory and that it is does not list items which cannot be found in the property.
• Make sure that the tenant and the landlord sign the Inventory once both agree that it is correct.
• If the tenant is concerned that the Inventory does not fully describe any marks, stains, chips or other faults in the property, then the tenant could also take photos on the day that the tenant moves in and send copies of those to the landlord right away. Unless the photos are sent as soon as the tenant moves in, they might not be able to be used as evidence (unless the tenant's camera shows, on each photo, the date on which the photo was taken).
• Store the tenant's copy of the signed Inventory and any photos taken by the tenant at the start of the tenancy in a place where they can be found later. They might be needed for evidence if there is an dispute about the amount of the deposit which should be returned at the end of the tenancy.

The tenant has 7 days after the start of the tenancy to make sure that the Inventory is correct.

If, within those 7 days, the tenant tells the landlord, in writing, of anything the tenant does not agree with, then the Inventory should be changed to reflect an item’s true state.

If the tenant does nothing, then at the end of those 7 days, the Inventory is treated as if it had been approved by the tenant - even if the tenant does not sign it.

If the tenant (or someone in the tenant's family or visiting the property) damages any part of the property or any of the contents, then the tenant must repair or replace the damaged part. This does not apply to any damage which is simply due to normal use of the property and its contents - often called normal wear and tear. (See Note 17 – Reasonable Care)