Tenants – Protect You Deposit; Know Your Rights

Before renting a property in the UK, the landlord you are dealing with will ask you to pay an up-front deposit. This will usually be to the total of one or two months’ rent. The general reason for taking a deposit is to give the tenant an incentive to look after the property; however, while most landlords are trustworthy, as a tenant, handing over such a large amount of money to someone you don’t know has to be seen as a risk. Therefore, it is essential that you know your rights and responsibilities.

Here are some tips on how to protect your deposit when moving into a rental property.

Make sure the landlord is a member of a Tenancy Deposit Scheme

As of 6 April 2007, all deposits taken by landlords must have been safeguarded by a Government approved Tenancy Deposit Scheme. There are three schemes available and landlords are free to choose which one to use; safeguarding each deposit and informing the tenant of the scheme used within 30 days or receiving the money.

Before handing over any money to a landlord or signing any home inventory, UK residents are urged to check that the landlord is part of a Tenancy Deposit Scheme. It is also essential to keep a receipt of payment as evidence.

Understand the tenancy agreement

Tenancy agreements may seem overly wordy and tedious, but they contain essential information about what you can and cannot do while renting a home. Rental agreements often contain clauses related to the keeping of pets, and certain aspects of the home; if you do not clearly understand these clauses and do not abide by them, you may lose your deposit.

Also essential is a full home inventory. UK-wide inventory company services specialise in providing comprehensive reports into the condition of a property and its contents before a tenant moves in to a home and after they move out. A landlord will generally provide you with such an inventory and it is important that you read and agree with it before signing, otherwise you may be accused of causing damage that was pre-existing.

It can be wise to hire a home or flat inventory company of your own to carry out a report before moving in and out of a property. This will help protect you in a dispute over deposit.

Don’t make changes without permission

If you wish to make any changes to a property, such as replacing doors or painting walls, make sure that you get permission IN WRITING before doing so.

Look after the property

Remember, as a tenant it is your responsibility to look after a property. This means causing no damage and returning it to its original state at the end of the tenancy. Most disputes between landlords and tenants are over the general state of cleanliness. Not keeping a home clean is a silly way to risk losing your deposit.

Only use regulated agents

To avoid rogue landlords, only rent from agents that are regulated by one of the following professional bodies:

• National Federation of Property Professionals (NFoPP)
• Royal Institution of Chartered Surveyors (RICS)
• National Approved Letting Scheme (NALS).

When hiring a home or flat inventory company, it is recommended that you use a member of the AIIC (Association of Independent Inventory Clerks).

Court action

If you believe that a landlord is wrongly holding your deposit and they cannot be convinced to give you it back, it is possible to have a court settle a disagreement. The court will look at all of the evidence in the case and make a decision on whether a landlord should return part or all of the deposit.

In the event of a dispute, a home inventory will be vital in helping a court decide a case, although it should be said that the evidence contained within inventories often prevents disputes reaching court.