Deposits

Deposits

Q. What is a deposit?

A. A deposit is a returnable sum payable to the owner/agent.  It is normally held against any end-of-tenancy rent arrears, wilful damage and any essential cleaning. It usually covers:

•      damage to the property or its fitting in excess of wear and tear

•      the cost of cleaning necessary to return the property to a lettable condition

•      damage to décor

•      the cost of removing large amounts of waste from the property

•      the cost of replacing locks or keys if keys are not promptly returned

•      any outstanding rent

The deposit cannot be used to cover reasonable wear and tear which you have paid for in your rent.


Tenancy Deposit Protection (TDP) Schemes

All landlords who use Assured Shorthold Tenancy Agreements are now required to place any deposit with a Government authorised scheme, which will safeguard the money and offer independent adjudication in the event of any dispute. Tenants who have kept their rented property in good condition can be confident that they will not have all or part of their deposit withheld unfairly.

This means your landlords (or agent, if undertaking those duties) must also give you information about how your deposit is being protected (normally as a clause within the Tenancy Agreement and by giving you a leaflet) at the time of entering the deal.

The landlord must pay your deposit into one of the three authorised schemes within 30 days of receiving your deposit. This will be strictly enforced by the courts with financial penalties likely to happen if deposits are not protected within the new timescale.

There are three TDP scheme providers all operating a custodial and insurance based scheme:

The Custodial Scheme

Where your agent or landlord sends the deposit to be safeguarded it will be to a custodial scheme.  All three providers will operate a custodial scheme from 1 April 2016.  If the landlord wants to withhold any of the deposit then the tenant and the landlord need to agree the deduction and the money is returned, as agreed, to the tenant and landlord. The only way a deduction can be made without the tenant's agreement is where they are not contactable after the tenancy has ended.

The Custodial schemes are open to all landlords and letting agents and are free to use (because it is funded from the interest the scheme operator makes on the deposits they hold). Custodial Schemes are popular with smaller landlords.

For further details and the rules of this scheme click here

The Insurance Schemes: 

There are three insurance-based schemes. Under these arrangements the deposit continues to be held by the landlord or agent but the money is insured, so that if the correct amount is not repaid by the landlord, the scheme can repay the money to the tenant and will recover it from the landlord. Landlords pay an insurance premium to join these schemes. If there are no deductions, tenants can often receive their deposits back quicker under these schemes because the landlord/agent can simply pay it back (rather than waiting for the custodial scheme to refund the money).

TDS

The largest scheme (which is also used by Unipol) is run by TDS.  Unipol and TDS also run a specialist scheme for landlords who are members of the Unipol Code to enable them to protect deposits at low cost. 

For further details about this scheme click here

MyDeposits

MyDeposits is a partnership between the National Landlords Association and Hamilton Fraser Insurance.

For further details about this scheme click here

DPS

For further details about this scheme click here

Alternative Dispute Resolution Service

The existence of the alternative dispute resolution service (ADR) will also encourage tenants and landlords to have in place, from the outset, clear agreement on the condition of the property through use of inventories, and agreement on the condition of the property – thus ensuring that landlords are also protected.

More detailed information is available here


Do all Deposits have to be Protected?

TDP will apply to all assured Shorthold tenancies (ASTs) in England and Wales, where a deposit is taken. Most contracts to let a property are ASTs and a contract that is an AST will be clearly marked as one.

However, be aware that there are some restrictions on whether tenancy agreements can be ASTs, based on an annual rental limit of £100,000. This means that if the total rent for the property for a 12-month period exceeds £100,000, a Common Law tenancy is created and so the landlord/agent does not need to protect the deposit.

What if your landlord/agent has not protected your deposit?

Unipol and NUS have produced a Tenancy Deposit Protection: Enforcement Pack that gives you detailed advice on how to enforce and protect your rights. See the link on the right for more information.


Q. What's the best way of paying a deposit?

A. Always pay your deposit by cheque or credit card (because then you can prove payment in the event of any dispute) and get a receipt, which states the amount paid. If your deposit is protected by one of the TDP schemes this should include:

•      the contact details of the tenancy deposit scheme

•      the contact details of the landlord or agent

•      how to apply for the release of the deposit

•      information explaining the purpose of the deposit

•      what to do if there is a dispute about the deposit

•      ask your landlord or agent the simple question – 'how is my deposit protected?'

Q. How much is a deposit going to cost me?

A. This will depend on where you’re living, but reckon on it being in the region of a month’s rent (although you must not treat it as your last month’s rent when you are approaching the end of your tenancy – rent and deposits are totally separate matters. 

Q. When should I pay it?

A. Not until the contract has been signed.

Q. What if I’ve paid my deposit and moved in only to find the property is not in the state it should be in?

A. If you are unhappy about any aspect of the condition of the property when you move in (damage, outstanding repairs, damage to décor or the level of cleanliness) – inform the owner/agent in writing immediately and keep a copy for your own records. If you fail to notify them about your concerns then you could find yourself paying for the previous tenants’ damage at the end of your own tenancy. It may also be possible to make a complaint under the Unipol Code.

Q. How can I best make sure that I’m going to get my deposit back at the end of my contract?

A. You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear.  So it is a good idea to make sure that when you sign your tenancy agreement, you:

•      keep a detailed list of contents (furniture and fittings)

•      record the condition of the property and its contents (photographs are a good idea)

•      check the circumstances in which your landlord or agent could have a claim on your deposit

•      there are many legitimate reasons why deductions may be made from your deposit. See below for some tips on how to help avoid problems... 


Arrange an Inspection

Three weeks before your tenancy ends make sure that you have an end-of-tenancy inspection visit by the owner/agent. Ideally you should be present at that visit so that you can agree any work that you need to do with the owner/agent.

Before the inspection ask the owner/agent for a checklist of what they expect you to do.  If you are renting from a University or College or a larger owner, they may well have already provided you with a Tenants' Handbook or special End of Tenancy Notes that covers this.

Sort out Utility Bills

If you are paying energy, telephone and water charges make sure you contact all the companies two weeks before you are due to move out and arrange for final readings to be taken. It is your responsibility to inform the utility companies that you are moving out and to request that your name be removed from the bills.

Click here to view the Moving in and Out Guide

Click here for a Deposit Inspection Checklist


Examples of Common Deposit Deductions

To give you an idea of what an owner will expect:

Bedroom not properly cleaned

Cleaning the room would cost about £20 and moving the furniture back to the appropriate room could cost a further £20-£30.

Clean all communal areas

To clean up the coffee stains and remove the rubbish from this table could cost £5. There may also be a call-out charge.

Clean your toilet regularly

This could cost £40 to descale otherwise.

Fridge freezer not defrosted

It can be easy to forget to defrost the fridge freezer but you should make sure it is fully dried and aired before you move. To have this defrosted, the water mopped up and wiped clean would cost about £40. Some fridge freezers are frost-free and save you the effort of defrosting – make sure to check. (thanks to Which? for contributing to this advice)

A kitchen left in very bad condition

To return a badly left kitchen to a good condition would cost about £120.

Cooker not cleaned

To clean a cooker in a very bad condition can cost up to £95.

Bag it and bin it

Rubbish/belongings left in a property would cost you over £60 to remove.

Vacuum all communal areas

A corridor could cost £20 to have cleaned commercially. Have you used any fire equipment inappropriately? The fire extinguishers cost £30 each to refill.

An iron burn on the carpet

If an ironing board is provided, then any iron burn is entirely your fault. Iron burns on new carpets or in the centre of any carpet will mean paying for a new carpet – it is never possible to "patch" a carpet. The cost of a carpet will vary according to the size of the room and the type of carpet, but in the carpet is of industrial contract quality then a cost of £200-£400 is possible.

Failing to return keys on time

The cost of replacing a key (depending on whether it is a suited system) can be between £10 - £30. If a number of keys are not returned or there is a security implication, then the locks and all keys may have to be replaced at very short notice (for incoming tenants), and this can cost around £200.

Other things to remember

Many agents and owners manage large portfolios and will employ cleaners, builders and others to do any work for them, so they will be paying for any effort involved in returning the property to a habitable condition. They will pass on this cost (often together with an administrative charge) to you. In addition, people working on the property will have to collect a key from the agent/owner, will have travel costs to the property, the cost of their work plus (in most cases) VAT to pay.

•      It is not unusual for students to seriously underestimate the cost of simple cleaning jobs

•      The owner/agent can take action against the household if the costs of returning the property to a fit condition exceed the total amount paid in deposits.

•      Return the keys on the day you move out. Any late returns may result in a charge for changing the locks, or further rent being charged until the keys are returned.

•      Finally, if the house had light bulbs provided when you moved in then check they all work when you leave. Empty the vacuum cleaner and make sure that your bagged rubbish will be collected by your local refuse collector. Leaving rubbish for the owner/ agent to remove means that they have to pay for a trade waste collection (rather than your domestic residential collection which is free), and this will be very expensive.

•      If you are renting from a University, College or larger provider, there may be set charges for undertaking works in default that are given to you at the beginning of the tenancy in a schedule as part of your contract. Unreasonable charges (even if set in advance) can be challenged, but generally, set charges work in favour of the tenant because they limit actual costs to those outlined.


Frequently asked Questions about Deposit Returns

Q. How long will it take to get my deposit back?

A. If there is no dispute about the return of the deposit at the end of the tenancy, the landlord or agent must pay the deposit to the tenant without delay, less any deductions that the tenant has agreed. At the end, check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear - and check that you have paid your rent and any other expenses.  Then agree with your landlord or agent how much of the deposit should be returned to you.

Q. We disagree with the owners/agent’s deductions. What can we do?

A. If your deposit is protected under Tenancy Deposit Protection you can use a dispute resolution procedure to help resolve your dispute. The information for each scheme varies:

The Deposit Protection Scheme (custodial and insurance schemes)

TDS (insurance based)

Mydeposits (insurance based)

If you are renting from a University of College they will have a complaints procedure, or you can use the procedure as outlined in the Government Approved Code of Practice for Educational Establishments. There are two Codes, one run by UUK and the other by ANUK and their procedures can be accessed below:

Check if your building is covered - 

The Universities UK Code of Practice for University Managed Student Accommodation

or

The Office of the Independent Adjudicator for Higher Education (OIA)

The Accreditation Network UK Code of Practice for Student Accommodation Managed by Higher Education Establishments (HEE's)

If you are renting from a supplier who is a member of the Leeds Rental Standard, you will be able to raise a complaint through the scheme’s system in a larger building, you are likely to be covered by an Approved Code for larger buildings. You can check if your building is covered here.

For deposits not covered by the Tenancy Deposit Protection Scheme, or where students do not wish to use the TDP dispute scheme write a letter to the landlord/agent stating detailed reasons for disagreeing with the deductions (providing proof where necessary). Allow 14 days to respond and, if there is no response, seek advice from your students' union or other welfare agency.

Q. Can I deduct my deposit from my last month’s rent?

A. No, because that would be a breach of your contract. It’s important to keep rent and deposits quite separate. If you are in dispute or feel you are owed money by the owner/agent then seek advice before taking further action.

Q. I am leaving the house a few weeks early can I get my deposit back early?

A. Because, as a family tenant, you will not be in a joint contract it may be possible for you to come to an arrangement for the early return of the deposit.

Q. We cannot afford to pay the final utility bills. Can we leave our deposit for the owner/agent to pay them?

A. No, not if the bills are in the tenant’s name – the utility companies will chase the named person(s) and not the owner/agent.

Q. My landlord wants to charge an administration charge instead of a deposit, as he does not want to get involved in the Tenancy Deposit Scheme. Instead he has stated that he will bill me at the end of the tenancy for any damages. Is this reasonable?

A. In summary, a landlord does not have to take a deposit and can make charges at the end of the tenancy. Another slight twist on this would be a situation where a landlord makes an "administration charge" at the beginning of the tenancy. There have been incidences of landlords charging an administration fee to cover advertising, drawing up contracts etc., on the understanding that none of it would be returned at the end of the agreement and the landlord would cover any damages.

Section 212(8) of the Housing Act 2004 states that "tenancy deposit, in relation to an assured short hold tenancy, means any money intended to be held (by the landlord or otherwise) as security for –

(a)          the performance of any obligations to the tenant

(b)          the discharge of any liability of his

arising under or in connection with the tenancy.

One of the items covered by the 'admin charge' is as follows: "any repairs or replacement of broken items in the house (i. e hoover/iron/ironing table, etc) which normally would get deducted as expenses from the tenant's deposit, will now be repaired or replaced at the landlord's own expense."

What needs to be established is whether the item referred to above – and, indeed, any of the other items constituting the "administration charge" – is paid to the landlord with an expectation that all or any of it will be refunded at the end of the tenancy. If it is, then it must be treated as a tenancy deposit and protected under a scheme. If, however, it is non-refundable then it is not a deposit. The tenancy agreement should make clear which items constituting the admin charge will be refundable.


Sample Letters

Click here for a sample letter requesting your deposits are returned.

Click here for a sample letter requesting a breakdown of the reasons why deductions were made from returned deposits.


RELATED ARTICLES

•    Tenancy Deposit Protection

•    Unipol/TDS Deposit Protection Scheme - Leeds

•    Tips on How to Help Avoid Problems

•    Tenancy Deposit Protection: Enforcement Pack

•    Standard Letters

•    Deposit Inspection Checklist

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This article is linked to other articles...

•    Deposits

•    Tenancy Deposit Protection

•    Unipol/TDS Deposit Protection Scheme - Leeds

•    Tips on How to Help Avoid Problems

•    Tenancy Deposit Protection: Enforcement Pack

•    Standard Letters

•      Deposit Inspection Checklist