Using Video And Photographs When Prepering An Inventory- Uk Residential Landlords By Chris Horne At Isnare.com Ezine Articles

It might appear that with the arrival of cameras on mobile phones and cheap video technology that the use of a written inventory has become somewhat outdated. Surely now it’s a case of just snapping a few pictures of the condition of your investment property; after all ‘pictures speak louder than a thousand words’.

Unfortunately when it comes to it things aren’t that simple. For a start to form part of the inventory for evidential purposes photographs will need to be conclusively proved and agreed by all parties at the outset. This has to be done by landlord/agent and tenants signing two copies of all items (each keeps one set) or each party signing separate full sets, which are then exchanged on completion (grant of letting)- just like conveyance/duplicate or lease/counterpart. Alternatively it is possible to incorporate sets into the tenancy agreement. In this case, you should include an extra clause reading something like, "The Landlord and the Tenant agree that the attached [photographs][Schedules] show the state and condition of the [property][premises] as at the commencement of the tenancy."

All of this does not sound too problematic. This is until you consider one of the practical difficulties involved with photographic evidence. Consider for a moment how many individual photographs would be required to comprehensively cover a whole property. Even for a relatively small two bed flat the number could easily stretch into the hundreds. The tenant is then faced with the incredibly laborious process of checking the veracity of each pair of photos and countersigning them all on move-in day. On top of this there are the practical difficulties of photos & video being sufficiently clear to show things like scuff marks or dirt. Natural lighting will generally have to be very good for these to show. The trouble is, unless the natural light is good, the flash usually bleaches out images, along with any 'nuances' of grime. If you then have to review each photo and then adjust your balance, exposure etc, you'll be there for hours - I speak from experience. Also you will need to make sure that there is a hard copy date on each of the photos which are important in verifying when the photos were taken. Otherwise the tenant could use a defence that the photos were taken at a time prior to their occupation.

Legally both photographic and video evidence is admissible in court. One of the difficulties of using them is establishing their authenticity i.e. when they were taken and that they have not been doctored. Therefore, where video or an electronic copy of a collection of photographs is taken on a CD or DVD then you are advised to write this on to a CD ROM. These discs cannot be rewritten or doctored with once written which is important when verifying the evidence. Ensure that where a hard copy is made that you give the tenant one and get them to sign to confirm that they have received it and agree with the contents.

The upshot is that photographic and video evidence may not be the panacea that it initially may suggest. This probably explains why its’ adoption by landlords and agents has only been limited to date. The reality is that landlords should concentrate on ensuring an accurate written is prepared and signed by all parties. Photographic evidence where it is used is probably best used selectively and in conjunction with a detailed written inventory to support and highlight its’ contents.

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