Always a tricky subject. Deposits are usually about four to six week's rent, required to be paid in advance of moving into a property. It covers any damage you may inflict on the property or non-payment of rent. What is considered as damage on a property can often become a shady area. Twenty percent of tenants say they have suffered from landlords withholding their deposit with no valid reason
To shed some light on this often problematic part of renting, and to avoid any future problems in claiming back your deposit, the first essential step is to agree on an accurate inventory. If the landlord hasn't prepared one, draw one up yourself and get them to sign it. It should include a list of all the furniture and other items that belong to the property and their conditions. This way you can be sure if you're responsible for the red wine stain on the cream carpet found under a strategically placed sofa.
At the end of your tenancy after an inventory check and condition inspection, if there are no missing items or damage, your money should be returned in full after you leave the property. You cannot set your deposit against the last rent payment due.
Until now there have been no official schemes to support tenants who have had their deposits unfairly withheld. If a landlord persisted in refusing to return a deposit, the main option was to use the small claims procedure in the county court to try and get it back.
However, last year the government came to the aid of tenants when they introduced The Housing (Tenancy Deposit Schemes) Order 2007, which was an amendment to Schedule 10 of the Housing Act 2004.
This Order led to the introduction of Tenancy Deposit Protection (TDP), which started on 6 April 2007, and now applies to all assured shorthold tenancies (ASTs) in England and Wales. These schemes aim to safeguard tenants' deposits once they have been handed over, and also provide assistance in resolving any disputes between tenants and landlords. For more information on how Tenancy Deposit Protection works, visit here.
Find your nearest Citizens Advice Bureau:
www.citizensadvice.org.uk/cabdir.ihtml
Citizens Advice Guide
www.adviceguide.org.uk
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