When renting a property, in almost all cases, you will need to pay a deposit before you move in. This deposit is typically 5 weeks’ rent and can equate to a pretty decent sum of money. The deposit is there to protect the landlord against any financial losses caused by the tenant through either damage to the property or non-payment of rent. It is quite rare, but landlords do have the right to withhold some of the deposit at the end of the tenancy to cover cleaning, repairing damage or to cover unpaid rent amongst other things. In this article we take a look at how to make sure you get your rental deposit back.
When can a deposit be withheld?
A landlord can withhold repaying the full amount of the deposit if, during the tenancy, the tenant has caused damage to the property, lost or broken any furniture or items provided as part of the property, not fully cleaned the property or looked after the garden or not paid all the due rent. Examples of these could be:
- Not cleaning the oven when moving out and it was clean when you moved in
- Stains on the carpet
- Overgrown garden
- Kitchen cupboards dirty
- Rent not paid in full
- Any missing cups or plates
- Damage to any furniture provided in the property
Depending on the extent of the issues, a landlord can look to withhold a part or all of the deposit
How to avoid your deposit being withheld
Protecting your deposit starts with the check in inventory report. Make sure that the report is an accurate representation of the condition of the property and the items in the property. Do not be afraid to ask for amendments to the check in report. The more accurate and detailed it is, the better as this is what will be referred back to when you leave the property. A landlord cannot insist that a property is left in a better condition than when you moved in and also has to take into account fair wear and tear.
Ensuring that your deposit is repaid in full is something that needs to be considered throughout the tenancy and not just a thought at the end. During the tenancy you need to:
- Ensure that the deposit is properly protected under a government approved deposit protection scheme.
- Look after the property responsibly and fix any damage you cause
- Keep on top of the gardening and cleaning
- Notify the landlord of any issues as soon as possible so they can deal with them before they become a bigger issue.
- Cooperate with mid-tenancy inspections
When the tenancy is coming to an end make sure you do the following:
- Ensure all your rent is paid up-to-date and in full
- Ensure all final bills are paid
- Clean the property, including the carpets, curtains and windows thoroughly
- Ensue the garden is neat and tidy
- Replace any missing or broken items
- Fix any final bits of damage
- Ensure that the check out inspection is accurate and compared properly to the check in report.
If, at the end of the tenancy, the landlord feels there are grounds for withholding some of the deposit, but you don’t agree then it needs to be referred to an adjudicator who will be appointed by the deposit protection scheme. They will need to be provided with evidence and their decision is final as far as the scheme returning the deposit. If there is still disagreement after this, then the only option is legal action through the courts.
Deposits can be quite large sums of money and having the entire sum returned at the end of the tenancy is the best outcome for everyone as it means you the tenant have your money back and the landlord has the property returned in the same condition as it was let.
