Deposits
Most landlords take a deposit when you rent a property. This is to protect them (and you) if there is any damage or unpaid rent during the tenancy. This page will go through what you need to do to protect your deposit and offer advice on getting it back at the end of your tenancy.
What is a deposit?
A deposit is a returnable sum of money you pay to a landlord/agent at the start of your tenancy agreement. The landlord/agent holds the money throughout the tenancy and they are entitled to deduct money for expenses incurred in relation to your tenancy, providing you are responsible. These expenses could be:
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repairing damage to the property, for example, broken windows.
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repairing damage to fixtures and fittings such as furniture/carpets.
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the cost of cleaning the property to return it to a 'lettable' condition.
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re-decoration costs, for example, if a room has been painted without permission.
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the cost of replacing keys if they were not all returned.
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any outstanding rent - one to watch on joint tenancies.
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the cost of removing any rubbish from the house or outside.
The landlord/agent can make additional charges if there are specific clauses in your contract such as administration charges for late rent.
The landlord/agent cannnot charge for 'fair and wear' throughout the tenancy. This is the natural depreciation of things like carpets and decor which may need replacing after a certain length of time.
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Paying a deposit
Never pay the landlord/agent any money until you have signed a contract. If you pay and then change your mind about taking the property, it may be hard to get the money back. Always get a receipt for any money paid, especially if the landlord/agent wants paying in cash. Attach your receipt to the copy of the contract so it does not get lost.
A deposit is often around one months rent.
For all new tenancies, your landlord must sign up with a Tenancy deposit scheme. These provide a dispute resolution service and will help ensure that the landlord does not withold you deposit unfairly. There are three different schemes, and within 14 days of receiving your deposit, your landlord must tell you which scheme he is using. We recomend you contact the relevent scheme and check the Landlord has protected your deposit with them. If the landlord has not protected the deposit you can use the court to force them to do so, or to pay back the deposit to you. If you wait until after the tenancy ends, it is too late.
The three approved schemes are:
If your landlord is using any other scheme your deposit is not protected.
You can find out more about the Tenancy Deposit Scheme on DirectGov.
Some landlords do not charge deposits. This might seem like a good deal, but often these tenancies come with higher charges elsewhere. Also, these schemes are there to protect both landlords and tenants, and to provide an alternative method of resolution without using the Small Claims Court. If you do not pay a deposit and there is damage to the property or unpaid rent, the landlord will often still take the tenants to court. Resolving disputes where there is a deposit which has been properly protected is much easier.
Some landlords who ask for a guarantor will ask for a double deposit if you cannot provide a guarantor. If you pay this, make sure the whole amount is protected.
You can use the letter below to contact your landlord if your deposit is not protected.
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Moving In
When you move in to the property check that everything is in a good condition and as described. If it is not, take photographs and inform the landlord - otherwise when the tenancy ends they may deduct money from your deposit thinking you caused the damage.
Some landlords provide an inventory for you to check against the condition of the house. If you are given one, make sure it is accurate and mark up an problems, as this will be what the landlord uses as evidence of the condition of the property. If an inventory is not provided, why not make your own.
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How to get your deposit back
There are simple things you can do to ensure you get your deposit back and to make it more difficult for the less scrupulous landlord/agents to keep your money. Following the simple checklist could save you a lot of cash.
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Keep the property clean. This means regular cleaning of the kitchen and bathroom. If you look after the house throughout the year it will give the landlord/agent the impression that you are good tenants and will make it easier to clean at the end of the tenancy.
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Respect the landlord/agents property and treat it well. Even small things like cigarette burn marks could cost you money at the end of the tenancy.
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Check your contract at the start so that you know what you are responsible for. Many landlords will ask for copies of final bills that prove they are paid, and not providing these could delay your deposit return.
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Pay your rent on time. If you don't you could face administration charges.
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Make sure that the rubbish is taken out and bagged up properly. Leeds City Council will only remove rubbish that is properly bagged and left in the appropriate bins and landlords can charge you for removing it.
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If you do accidentally break anything, let the landlord/agent know and arrange to get it fixed before you move out, it will probably work out a lot cheaper than leaving it to the landlord/agent to sort out after you have left.
If you have a joint contract the landlord/agent can deduct communal damage and outstanding rent charges from the collective deposits. So if one tenant is not paying their rent, or is causing damage seek advice from the Student Advice Centre before the end of the tenancy.
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How much can the landlord deduct?
There are no figures quoted for what certain things such as cleaning or replacing furniture may cost. A landlord/agent has to show what it has cost them to get the property back to standard, this must be reasonable, and the landord must show you the invoices.
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Common Problems
Our landlord/agent has not returned our deposit
The three deposit schemes have different procedures for raising a dispute. You should contact the relevent scheme and find out how to do this. If you find out that your landlord has not protected your deposit, you should write to them requesting a return of the deposit (or details of any deductions) and request a response within 14 days. The Student Advice Centre can help you with this.
Our landlord/agent has kept part of our deposit
If the landlord has protected your deposit and is using the scheme correctly, they whould give you details within 10 days of the end of the tenancy stating what they are deducting and why. If you disagree you can raise a dispute with the deposit scheme. The three deposit schemes have different procedures for raising a dispute. You should contact the relevent scheme and find out how to do this. If you find out that your landlord has not protected your deposit, you should write to them requesting a return of the deposit (or details of any deductions) and request a response within 14 days. The Student Advice Centre can help you with this.
Our landlord/agent has not responded to our telephone calls/letters sent
Call into The Student Advice Centre and we can contact the landlord/agent on your behalf. If court action is necessary we can also help you with the process and possibly offer lay representation in court.
If your landlord/agent has signed up to Unipol's Code of Standards you can make a complaint - details about how to do this are on the Unipol Website.
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Other Common Questions
Can I deduct my deposit from my last rent payment?
No. To do so would be a breach of contract and if there was any legitimate charges that the landlord/agent could make, they could take you to court. However, if you are concerned that you will not get your money back because of problems during the tenancy, seek advice first.
I am leaving the property early can I get my deposit back early?
If you have a joint contract you would have to wait until everyone leaves. If you have an individual contract and all your rent is paid up until the end of the contract it should not be a problem, contact the landlord/agent.
Can I leave my deposit for the landlord/agent to pay the utility bills with?
No. As you have lived in the property, you are responsible for payment of the bills (unless the landlord/agent has retained their name on the bills and you pay them). So if the landlord/agent keeps your money and does not pay the bills, the utility companies will still hold you liable for payment.
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