So time has come to move out of your rented property. Few things are more stressful than moving. One of them is having to fight teeth and claws about your deposit, as your landlord attempts a final jab at your finances for their own merit.
In this article, our friends at The Tenants’ Voice will go through the most important point of making sure your deposit is protected and how to get as much of it back as possible.
Check the tenancy agreement first
No, we don’t really mean the bible, but when it comes to renting, one document ascends above all other – the tenancy agreement.
The tenancy agreement which you signed with your landlord will regulate the fine details of your relationship. It will include information about how the tenancy should be properly ended, how your deposit must be returned and what extracurricular responsibilities you might have as a tenant.
For example, depending on your tenancy agreement, you may be responsible for:
- Check the agreed cleaning and garden responsibilities against the inventory and current law. In England, a landlord cannot require you to pay for a professional cleaning service as a prohibited fee. The condition at handover and any supported deductions are separate questions. Read the tenant fees guidance for England.
Whatever you do in regards to your landlord, the tenancy agreement is the first thing you should check.
Check the inventories
The inventory reports are even more important. The difference between the check in and check out inventory reports will provide the base against which your landlord will claim deductions from your deposit. Upon entering your final month as a tenant in your property, you need to carefully examine the move in
Compare the move-in inventory with the property’s current condition and keep photographs. Allow for fair wear and tear; do not disguise damage before the inspection. Check the current deposit-protection guidance.
Discuss damage and any proposed repairs with the landlord before carrying out work. Cleaning and fair wear and tear should be considered separately.
Do not colour in scratches with food, oil, tea or coffee to hide them. Record the condition and discuss any approved repair with the landlord or a suitable specialist. Read current deposit-protection guidance.
Do other small repairs
- Agree any repair work before starting it. Do not replace sockets or switches as a cleaning task; use a suitably qualified person. For surfaces and appliances, follow their care instructions rather than improvised chemical mixtures. Read cleaning-product safety advice.
These are very small items each taking no more than an hour to complete, but they raise the general condition of the property tremendously, bringing it closer to market condition. The landlord will appreciate the work done and will be less likely to claim deductions.
Invite the landlord for a preliminary inspection
Don’t wait for the final inspection to hear your landlord’s opinion. After the check-out report, tenants barely have any chance to improve the condition of the property and avoid deductions.
Instead, invite the landlord to visit a month before you move and negotiate exactly how much repairs you should do in order to satisfy the landlord and receive your deposit in full.
Why do any guesswork and put in hours of extra work, on top of your moving tasks and responsibilities? Just ask your landlord and negotiate.
End of tenancy cleaning
Clean the place before you move. Seriously! CLEAN THE PLACE BEFORE YOU MOVE!
Cleaning can be one reason for a deposit dispute. Compare the actual condition and evidence rather than relying on an uncited percentage of disputes.
If you’ve lived for two years in the same property and never cleaned under the fridge or behind the over, or THE OVEN, this is the time to do it. Book our thorough post-tenancy service, standalone rug or carpet hot water extraction or hob and oven cleaning for maximum results.
Move your items first to get them out of the way, then systematically clean top to bottom every surface and behind and under every piece of furniture or appliance. You might need to schedule a full day for this or get a trusty band of friends to cut down the time.
If you need cleaning help, obtain an agreed quote and scope. A proposed deduction should be supported by the relevant evidence; do not assume a landlord will add a standard 20–30% markup.
Check if your tenancy deposit is protected
Deposit-protection requirements depend on the tenancy and jurisdiction. Check the current GOV.UK guidance for the arrangement that applies to you, then confirm the scheme details with the landlord and the relevant scheme.
This prevents landlords to abuse their authority and discount unfairly from your deposit. If your landlord did not properly protect your deposit, you may be eligible for a huge compensation of up to 3 times the deposit amount, on top of the original deposit.
That’s a massive amount of money, so go ahead and check this link if your deposit is protected: Check My Deposit
If you can’t find your property in the above links, it’s likely that your deposit is not protected and you should write to your landlord immediately and demand your deposit returned in full.
If a deposit should have been protected and was not, you may be able to seek a court remedy. Success is not guaranteed: check the facts, applicable rules and current advice before making a claim.
What to do if there is a dispute?
It’s always best to negotiate the return of the deposit between you and the landlord. It’s the quickest way to get back your money and not hassle with disputes or court cases.
However, if there is simply no chance for you and your landlord to agree on the same thing, you should contact your deposit protection scheme and open a dispute about your money.
An impartial adjudicator will be appointed and both you and the landlord will be required to submit documents such as the tenancy agreement, inventory reports, video inventories, etc. etc. to back each claim.
The process will go back and forth giving everybody to comment and offer their own evidence. After the exchange is over the adjudicator will come out with a decision and spread the money accordingly.
Check the deposit scheme’s current dispute process and deadlines. Resolution time varies, so do not assume a universal six-week decision or rely on receiving the money on a particular day.
If you think your deposit has not been protected when it should have been, check with the deposit schemes and seek advice before taking court action. A solicitor is not compulsory. Read the current GOV.UK guidance and consider writing to your landlord first; the right steps depend on the tenancy and circumstances. Read current tenancy deposit guidance.
About the author
This guest post is contributed by The Tenants’ Voice – the UK’s largest community of tenants. Housing laws are complex and confusing. Rogue landlords and letting agents frequently prey on novice tenants who don’t know their rights or how to defend them.
The Tenants’ Voice publish helpful content on how to deal with problematic situations during your tenancy, giving you actionable advice on what to do and what you CAN do. Their mission is to make renting better for everybody by educating tenants to defend themselves when their rights are being threatened.
The image used in the header is originally created by AAG
