Advice for tenants on how to protect their deposit

As falling house prices have seen many people opting for rental property rather than choosing to purchase their own home, there are a number of factors to consider, not least the protection of their deposit.

Here we take a closer look at some strategies which you, as a tenant, can employ to help secure the best chance of recouping your full deposit.

Read the small print

It is important not to put off reading the small print in your rental contract until later. Rather than rushing into anything, make sure you are as well-informed as possible about what rights you have as a tenant and what questions you need to be asking the landlord/letting agent. Information on the various points to consider when renting is readily available online; here are some links which you might find useful:

• www.direct.gov.uk/en/HomeAndCommunity/index.htm
• www.citizensadvice.org.uk

Tenancy deposit protection

The tenancy deposit law was introduced on 6th April 2007 and provides protection for tenants by stopping letting agents and landlords from wrongly refusing to release a deposit. The scheme protects all Assured Shorthold Tenancies in England and Wales, and covers the majority of tenancies since 1997.

Under the law, landlords are required to use a government-approved tenancy deposit protection scheme within 14 days, and to inform tenants which scheme they have used. All of the schemes offer a dispute resolution service which is free of charge.

The main point to note, however, is that it is up to you, the tenant, to make sure that a scheme is being used because there is no formal enforcement in place.

When it comes to the return of the deposit, with the two exceptions of there being a disagreement or you failing to fulfil your obligations, your deposit should be returned to you within 10 days of the end of your tenancy.

Useful links:

• www.depositprotection.com
• www.direct.gov.uk/en/HomeAndCommunity/index.htm
• www.thedisputeservice.co.uk
• www.adviceguide.org.uk/index/family_parent/housing.htm
• www.mydeposits.co.uk

Your rental inventory

Your rental inventory contains information about the condition and contents of the property you are renting. This will have either been put together by the landlord or by an independent company. It is important that you double check whether you are obligated to cover or share the cost under your rental agreement. When you leave the property, another inventory will be drawn up accordingly.

Wherever possible, try to be there in person when the inventory is being put together. Run through the inventory as soon as you receive it; checking for accuracy and anything which may have been missed off. Make sure you inform the landlord/letting agent in writing if there is anything which you do not agree with.

It is also advisable to make your own inventory and to ask a witness to sign it. In order to do this, you need to go over the property in good lighting conditions, checking for existing damage – however large or small. Be sure to note down everything from light-bulbs which don't work, through to missing ends on curtain rail poles. Feel free to move objects around to make sure they're not disguising any stains; also check bathrooms and kitchens for water damage.

When you are checking over your rental property in the first instance, and when you're moving out at the end of your tenancy, organise to take one or more friends or family members with you to act as witnesses to help you look over the residence. If they know anything about property and potential problem areas to look out for so much the better.

Take a camera with you

Before you take up residency at your rented accommodation, take photos as proof of the contents and state of the property, including ceilings, floors and walls for evidence of any blemishes. Always ensure that the date of the photos is verifiable.

Cleaning and repair work

The majority of rental agreements will specify that tenants are required to leave the property in the same condition as when they moved in. You might have to pay for a professional cleaning service when you move out if it was cleaned in this manner before you moved in.

The standard of cleaning ought to be graded on the inventory if it was the case that the occupants who lived in the property before you, cleaned it themselves rather than employing a professional.

One trick to be wary of is being shown a pristine appliance as a sign that the property has been cleaned to a high standard throughout – make sure you give the house/flat a thorough going over rather than merely accepting this to be the case.

When it comes to such items as, for example, curtains and carpets, find out if they were cleaned before you moved in, and whether the tenancy contract obligates you to clean them when you're leaving (which may be dependent on how long you stay in the property). If such items were not cleaned prior to your tenancy, make sure the inventory reflects this.

When it comes to property repair work, make yourself aware of which repairs are the responsibility of the landlord, and which you are responsible for. While you are not required to pay for reasonable everyday wear and tear, you should put right any damage which you cause.

Stick to your rental agreement

Last but by no means least; ensure that you satisfy all of the obligations detailed in the contract before you leave, regardless of how small they may appear to be. So if the agreement specifies that the property must be left how you found it and, for example, you've moved furniture about since you moved in, make sure you put it back to its original position. Do not add to the contents of the property as you could end up losing part of your deposit due to the costs of taking the additional contents away! And perhaps most importantly of all – pay your final utility bills swiftly.

Source: Times Online | Last updated: 9th April 2009

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