Around this time of year thousands of students across the UK lose money by landlords falsely claiming hundreds of pounds of damages from their deposits.
Why? because students don’t know their rights or don’t feel comfortable acting on them. We’re here to change that! Let’s talk about housing deposits, how you can get yours back and how you can challenge a landlord claim.
- Your deposit legally needs to be held in an independent scheme
If you have an assured shorthold tenancy (most private renters do) then your deposit must be protected in a scheme.
- Landlords cannot hold the deposit money you give them in their own account.
- They are obligated to place it in a government approved deposit scheme, in England these are mydeposits, Deposit Protection Service or Tenancy Deposit Scheme.
- They also need to tell you which scheme your deposit is stored with.
- If a landlord hasn’t properly protected your deposit, you might be entitled to compensation.
- Landlords can’t decide how much they take.
Any deposit deductions must be reasonable and relate to money lost by the landlord. Your landlord cannot keep any of your deposit for fair wear and tear.
- Landlords cannot claim money from your deposit unless it is agreed by you, the deposit scheme or a court.
- Landlords can only claim from your deposit for specific things such as non-payment of rent or damages.
- These damages have to be beyond the normal wear and tear of living in a house.
- They cannot use money from your deposit to upgrade the house.
- You should return the property in a similar state to when you moved in. You do not have to pay for professional cleaning before you move out (even if you landlord claims you do).
- You can challenge Landlord Claims
Don’t let your deposit go without challenging the decision first.
- If landlords try to claim from your deposit, you can dispute this with the deposit scheme. You can also contact your landlord or agent directly, to say you do not agree with their reasons for keeping the money. Here is an example template to use.
- In 80% of cases these disputes end with the claim being lowered or dismissed.
- Evidence like photos of the property before you moved out may support these claims.
- Landlords have to return your deposit promptly
You could get your deposit back as soon as you and your landlord have agreed on the amount.
- If they are satisfied with the condition of the property landlords have ten days to return your deposit.
- If the landlord is dragging their feet you can contact them to request return of the deposit, if they do not return it in the two weeks following you can then ask the protection scheme to step in.
- Even if the landlord is attempting to claim part of your deposit you are entitled to the rest back while you dispute this claim.
Need some advice relating to your tenancy deposit? Our team can help! Book an appointment now.