Tenants’ Deposits
When you initially move into a property, it has now become virtually necessary that the tenant pays a security deposit before being given the keys. This will usually be the equivalent of a month’s (or even a month and a half’s) rent and will be paid straight to the landlord. This doesn’t suggest that the landlord can do whatever he wants with it; after all, it’s still your money up until the point at which you do something which necessitates a deduction to be made. The Tenancy Deposit Scheme was set up in 2007 in order to prevent a tenant’s deposit from being mismanaged or misplaced while they’re in a Shorthold Tenancy Agreement (STA).
The benefit to a tenant living under an STA is that they know that their deposit will always be safe for the duration of their tenancy, and that they are able to retrieve their full entitlement at the end of their stay. This doesn’t suggest that you are guaranteed to get the full sum back whatever happens, as there would be no point in having deposits in the first place, merely that your landlord cannot treat it as though it is their money whilst it is in their possession. Whenever you come to the conclusion of an STA, there are certain specific scenarios where a landlord might be allowed to make deductions from your tenancy deposit. These are:
Deductions Regarding Cleaning: If your tenancy agreement states that the rental accommodation (or specific fixtures and fittings therein) should be cleaned to a certain standard prior to leaving the premises and they are not, the landlord may make deductions to ensure the expense of this is covered. But, as a tenant, you are only accountable for cleaning anything which has been soiled beyond standard wear and tear. It is recommended that you compare the information of all items listed on the inventory list with the actual condition of the goods when you take ownership of a property. It might also help if you take video or photographic proof to help your case should a disagreement arise.
Deductions For Property Damage: If you damage any of the items in the property then you will typically be liable for repairing or replacing the goods involved. Even though this means that if you break a washing machine, you’re required to pay for it to be fixed or even replaced, you are only obliged to replace like for like. If the item is old when you break it, you will not need to buy a brand new item to replace it but one of equivalent or similar condition/value. Insist upon itemisation of any items repaired/replaced or even work undertaken and materials required if the landlord makes any deductions.
Deductions Regarding Rent Arrears: Should you leave a property without paying the rent that’s due, a landlord will be allowed to deduct the owed amount from your deposit. The best way to prevent this is to pay all of the rent you owe before you leave. If you think that you do not owe any money, but the landlord believes you do, then you may need to get legal advice about the best way to handle the situation. If you paid rent by direct debit, bank statements can be used as proof by either individual to demonstrate whether or not payments have gone into arrears.
Regardless of what type of rental situation is involved (whether it is House Share Chelmsford, Flatshare In Manchester, Room To Let In Manchester or student accommodation), you are expected by law to take steps to protect all of your tenants’ deposits in either an insurance dependent or custodial deposit protection scheme.
