Deposits
If you signed an assured shorthold tenancy agreement (this very common, but always double check the documents you signed) and you paid a deposit, by law it must be protected in a government backed deposit scheme.
How do I Know if my Deposit Deduction Should be Subject to Fair Wear and Tear?
Fair wear and tear takes into account the lifespan of an item when calculating the cost of repair or replacement. This means that if the item has been used previously you cannot be charged the full amount for a brand new one because the landlord/previous tenants have had use out of it, and the value will not be equal to that of a new item. You can only be charged what it is worth.
It also means that if the item has reached the end of its life and is in need of replacing because of this, you probably shouldn’t be charged anything. The condition of the property and its furnishings should have been recorded in an inventory when you moved in (and preferably with pictures too). This should help you work out whether the difference between then and now is fair wear and tear from normal use rather than damage.
What you will be charged will, of course, depend on the details of the situation and the lifespan of the property or item - so you can’t just refuse to pay your landlord on the basis that other tenants used it before.
I Haven’t Heard Anything from My Landlord about My Deposit
Always allow your landlord two weeks to get in contact with you regarding your deposit, but if you still haven’t heard anything after that time then you should consider reaching out to them. We advise emailing, as this will mean you have a written record of your conversation with them.
If your landlord owns a lot of student properties then a large number of tenants may have moved out at a similar time. This could mean it takes a a little while for them to get around their properties,assess the condition, and process your deposits, so you may just need to be patient.
My Landlord Won’t Give Me My Deposit Back
If your landlord is looking to keep all or part of your deposit, they should have provided you with a breakdown of what the money is being used for, as well as copies of invoices or receipts. If they haven’t, ensure that you ask for theses - you should know what your money is being used for and whether this is reasonable.
If you are aware of what your landlord is using your deposit money for and you do not agree that you should ne responsible for those costs, the first thing you should do is contact them in writing - email is a great way to do this, so you have the documentation of all the correspondence. List your reasons and any evidence you have, this may include photpgraphs, and/or your inventory. Hopefully after speaking to your landlord, you can come to a mutual agreement.
If not, your option is to use the free alternative dispute resolution (ADR) service offered by the provider that protects your deposit. You will need to contact them and let them know you would like to use the service, and provide them with as much information and evidence as possible. There is often a time limit within which you can raise a dispute which varies between providers. If you don’t agree with your landlord, make sure you don’t miss out by waiting too long. It is important to note that by using this service, you and your landlord will have to accept their decision as final.
What Can My Landlord Deduct From My Deposit?
Your landlord is entitled to deduct money from your deposit to cover any loss to the landlord which is specified in your contract. This usually accounts for things such as unpaid rent, the cost of cleaning and the cost of damage to the property or furniture and furnishings.
What Can’t My Landlord Deduct From My Deposit?
Your landlord cannot deduct money for unpaid bills (unless the bills were included within the rent) they would need to provide your forwarding address to the utility company instead. They cannot deduct money to penalise you for a breach of contract unless the breach caused chargeable damage to the property, furniture or furnishings and they cannot charge you for an item that has naturally reached the end of its life. This means that they must take into account fair wear and tear when charging for damage to the property, furniture and furnishings.
What If I Don’t Think My Deposit Was Protected?
If you signed an assured shorthold tenancy agreement, your deposit must be protected in a government backed tenancy deposit scheme. You can contact the providers (see below), over the phone or online if you have the exact details. If you have checked with all the providers and you cannot locate your deposit, you have a couple of options to consider.
You are able to claim between 1 and 3 times the value of the deposit in compensation, but the final amount can only be decided by a court and will depend on the situation. If you are considering taking your landlord to court regarding an unprotected tenancy deposit, make sure you speak to the Student Advice Centre about the risks and process.
If you are not looking to take your landlord to court, you can contact your landlord to ask for the return of your deposit and explain that you are aware that your deposit is not protected. Your landlord may not wish to go to court, so you may find that your deposit is returned to you.
The providers are: