The handover record, an official inventory and statement of state of repair/inventory of fixtures, is not a mere formality, but an important security for tenant, landlord, buyer and seller. In simple terms, it records the condition of the flat or house - including all defects, damage and special features that pass to the new owner or tenant. For tenants, the handover record is valuable security in order not to be held responsible later for damages already existing when moving in. It is equally important in a change of ownership.
The law does not require a handover record. Consequently, there are no legal requirements regarding the information contained in it. This makes it all the more important that all parties involved take a close look and mutually agree on the information that is recorded in writing in the handover record.
First of all, all basic information should be included in the handover record, especially in the case of a rental:
Especially important: Defects present at the time of moving in (or purchase) should be fully documented in the handover record. If, for example, a door is damaged and this damage is not recorded, a tenant could be held responsible for this damage when moving out at a later date - along with the financial obligations that go with it. The same applies in the event of a change of ownership: If some roof tiles on the house are loose when the property is handed over, this should be recorded in the handover record. Otherwise, the buyer could later demand the repair from the seller and claim that the damage had been concealed.
Other typical defects that should be recorded in a handover record:
There is more to a flat or a house than just a roof and a few walls. The handover record must reflect this, so do not forget information such as:
Tenants are obliged to hand over the flat in the condition agreed in the tenancy agreement when they move out - this usually means generally clean, having removed all major dirt, food spills and limescale. They must repair any damage they caused during their tenancy. The often rigid renovation clauses in tenancy agreements, on the other hand, are ineffective and tenants do not have to comply with them.
This is where the handover record drawn up at the time comes into play: Any damage recorded there does not have to be repaired. This is precisely why it is so important to generate it thoroughly and completely.