The Tenancy Deposit

The Housing Act 2004 requires landlords to protect deposits on assured shorthold tenancies in a goverenment approved scheme. We place deposits in an  insurance-backed deposit protection with free, impartial dispute resolution for when disagreements arise over how the money is divided.  On this page we cover the details of the deposit and what happens with the deposit at the end of the tenancy.

Tenancy Deposits

This will explain where your tenancy deposit is held, what it is used for and how it is repaid to you when your tenancy comes to an end.

Ending A Tenancy

To end a tenancy, it is important that it is ended in the legal framework that is designed for the tenancy and in accordance with the tenancy contract,  this page we explains how a tenancy is ended.........

FAQ's

It is impossible to answer all the questions associated with tenancies and rental properties but we have created a Frequently Asked Question section which may help.

Applying For A Tenancy

If you would like to apply for one of our tenancies, this page will explain all you need to know.........

During The Tenancy

This section will help you understand your tenancy, what the tenancy agreement means and what yours and our responsibilities are.

txt

Repairs & Maintenance

We explain the process relating to repairs and maintenance issues, the importance of reporting issues to us and what your responsibility is in relation to minor repairs......

The Tenancy Deposit

With all tenancies, we require a deposit to cover the cost of any damages, repairs and or rent arrears.  The deposit is taken by us as the outset of the tenancy and is placed in a government approved tenancy deposit scheme where it is held until the termination of the tenancy.  At the outset of your tenancy, along with your tenancy agreement, we gave you information on where your deposit would be held.

Your deposit is held with The Tenancy Deposit Scheme (TDS) is a government approved tenancy deposit protection scheme in England and Wales operated by The Dispute Service Ltd . Established in 2003, TDS is the longest serving government-approved deposit protection scheme.

At The End Of The Tenancy

We can retain any or all of the deposit if there’s a good reason to do so – for example if you’ve damaged the property, not cleaned it properly at the end of the tenancy, or there are rent arrears. 

You have the right to the return of your tenancy deposit at the end of the tenancy but not before the property is checked against the inventory and terms of the tenancy.  At the end of a tenancy, we have ten working days to return the deposit provided the tenant has fulfilled their obligations under the terms of the tenancy agreement and left the rental property in a good and acceptable condition.

Returning The Deposit

Once a tenancy has ended, tenants are often very keen to have their deposit returned in a timely manner. The question is often asked, when will I get my deposit, or more often: how quickly will I get my deposit back?

We are required to pay your deposit back within 10 working days of your request for the deposit to be returned but we may extend this if we do not have evidence of the ending of a utiltiy account or council tax account. 

 

Tenancy Deposit Deductions

There’s no hard and fast rule in regards to what we can deduct from your deposit as this depends on the individual circumstance, but after the tenant ends the tenancy landlords are allowed to make deposit deductions from the deposit if the cirucmstances allow.

There are some common reasons why deposits are not returned, either in part or in full.  For example, cleaning is one of the main reasons.  If we require the property to be returned in a certain way, for example the carpets cleaned, oven and hob cleaned, garden and outside tidy etc,  we will inform you in writing once you have confirmed the end of the tenancy, but suffice to say that the property should be handed back to us in the same condition as it was handed over to you at the outset of the tenancy, subject to acceptable levels of reasonable wear and tear.

 

 

Disputing Deposit Deductions

Once a tenancy has ended, tenants are often very keen to have their deposit returned in a timely manner. The question is often asked, when will I get my deposit, or more often: how quickly will I get my deposit back?

We are required to pay your deposit back within 10 working days of your request for the deposit to be returned but we may extend this period if we are in dispute with you over the rent due, the condition of the property or we do not have evidence of you ending a utiltiy account or council tax account.  If you dispute any deductions and between which we cannot reach an agreement on, then you are entitled to independent arbitration though the Tenancy Deposit Scheme and we will request that your case is put into dispute at which point the process of arbitration will start.

 

The deposit serves as level of protection for the landlord in case the tenant damages the property or fails to pay rent. At the end of the tenancy,  we will conduct a final inspection of the property to determine if any damages have been done. If we finds damages, we may make deductions from the deposit to cover the cost of repairs.  Listed below are some of the common issues for which deposit deductions are made.

Unpaid Rent

There are numerous reasons why tenants may not be able to pay the rent but if there are rent arrears at the end of the tenancy, these can be deducted from the tenancy deposit.

Serious Damage

Whether it’s to the property itself, such as broken windows, or broken furniture, damaging the property contradicts the terms of the tenancy agreement.  Therefore as landlords we are allowed to deduct the appropriate amount from the deposit.

Lost or Broken Items

The cost of missing items can be deducted at the end of the tenancy! The inventory will have set out what items were included with the property, and their condition. So, in the interest of reassurance for the landlord, a detailed inventory is essential.

Cleaning

In the world of tenancy deposit disputes, cleaning can be a huge source of disagreement between landlords and tenants, largely because we all have different definitions of what is ‘clean’.  Our definition is simple;  the property must be of the same standard of cleanliness that it was when we handed the property over to you.

However, cleaning issues are a common cause of deposit deductions. For example, we state in the tenancy agreement that the tenant must pay for a professional carpet cleaner and they must adhere to this.  Put simple, cleaning  at the end of the tenancy is the tenant’s responsibility, not ours!

General Maintenance

General maintenance can be difficult because it’s a vague term, but misuse can result in a deposit deduction. For example, if drains are blocked because the tenant has neglected to clean the grates, the landlord has the right to make a deduction for the clearing and unblocking.

Poor Redecoration

If a tenant takes it upon themselves to redecorate the property without asking first, this would be in breach of the tenancy agreement. As a result, we will be able to deduct money from the deposit to get the room or rooms back to their prior condition.  If we do give permision to redecorate, you must return the property to its original decoration and if you do not or you do but you make a poor job of the decorating, we can claim for professional redecoration costs.

 

Unclean Oven and Hob

In rental situations, tenants are responsible for keeping the rental property clean and well-maintained during their tenancy. This also includes cleaning appliances such as the oven and hob.  The oven and hob must be thoroughly cleaned at the end of the tenancy and must be returned to us in a hygenic and presentable manner.

Tenants personal items left at the property.

Please do not leave any of your personal items in the property or on the premises.  No matter what tenants may think, we do not want their old furniture or any of their belongings, under any circumstances! Any item or items left on the premises will be removed and charged to the tenant at commercial removal rates.

Bins not emptied

Tenants are responsible for disposing of their own rubbish and are expected to empty their own bins.  It is the tenants responsibility to empty their bins on a regular basis and to make sure that the correct bin is used for the correct items. We will withhold money from the deposit where the bins are incorrectly filled or where there is too much rubbish for normal collection.

Insuficient Deposit

Where the total cost of any rent arrears, cleaning, gardening etc outweigh the amount of the deposit, then the tenant and where relevant, we will seek redress from the guarantor, who will be held responsible for the difference.

A Matter of Common Sense

Tenancy Deposit Deductions are simply common sense.  If something you have done, have damaged or left behind will cost us to replace, repair or remove then we are entitled to deduct the cost from the deposit. All we ask is that you hand the property back to us in the same state as it was handed to you at the outset of the tenancy, the majoirty of people would think that is a fair deal.