Deposits and Getting them Back

You have accepted a tenancy and are now preparing to sign a tenancy agreement and pay the deposit, what should you do next? Listed below are some suggested safeguards you can use to avoid any future difficulties in getting your deposit back or disputes regarding disrepair.

• Always get a receipt for any monies paid to the landlord. If possible always pay by cheque so you have a record of any payment made, if paying by cash make sure you obtain a receipt to include the amount given, the date of payment and who received the money. Keep all receipts in a safe place along with all correspondence relating to your tenancy.
• Before moving into the property insist that an inventory of all rooms in the property be carried out. This should include a list of items supplied with the accommodation and a description of the decorative order of each room and exterior and garden. Ensure that you go through the accommodation thoroughly with your landlord. Once you have agreed the inventory you should both sign the statement and each keep a copy. It may also be advisable to take photographs to add to your inventory.
• Ask a friend to accompany you either when viewing the property or before you move in. Ask them to be a witness to any disrepair issues.
• If anything needs repairing or replacing during the tenancy, which is the responsibility of the landlord you should make the landlord aware of the problem in writing, keeping a copy of any correspondence you send. You should give your landlord a reasonable amount of time to respond to any requests for disrepair. If the disrepair is not resolved you should consider taking further advice from a housing advice agency, a solicitor or the Citizens Advice Bureaux or the local authority Environmental Health department.

• When the tenancy comes to an end invite the landlord to go through the inventory with you and check off all the items and condition of the accommodation. If there is any disrepair which you have caused and is not the landlords responsibility you should offer to make good the disrepair yourself or offer to pay for it out of your deposit ensure the landlord agrees to this in writing. Make sure that your rent account is up to date and there are no outstanding arrears.
• Make sure the property is cleaned and all rubbish is removed before your departure. Take photographs if necessary of the condition of the accommodation when you leave. Make arrangements to hand the keys back to the landlord at the property or the letting agent and to make arrangements to have your deposit returned. You may need to get closing bills organised for any service bills or council tax bills as the landlord or letting agent may withhold your deposit until these bills are confirmed as being paid up to the date that you leave.
• Should you leave a private rented tenancy before the end of the fixed term period without giving the correct amount of notice period to the landlord, you may be liable to pay for any remaining months rent while the accommodation is left vacant. You may also be liable for any advertising costs the landlord may incur whilst advertising for new tenants. The landlord would be able to deduct these costs and lost rent out of any deposit you may have provided. The landlord may also consider taking legal action to recover any outstanding money owed to him.

This is not an exhaustive guide and relies mainly on basic common sense. If you have conducted your tenancy well and there are no disrepair or rent arrears issues outstanding, your landlord will not have any reason to withhold any of your deposit. If the landlord is aware of the lengths you have gone to by safeguarding your deposit the landlord may be reluctant to try to withhold a deposit which is legally yours.