Deposits and Disrepair

DEPOSITS

Your tenancy agreement or licence should ideally specify what the deposit is meant to cover.

You should not have any money taken from your deposit to cover fair wear and tear.
The maximum is equal to five weeks’ rent.
Don't pay a deposit until you've signed a tenancy agreement or licence to occupy.
When you pay the deposit, make sure that you get a signed receipt (or scheme certificate) for the full amount paid which clearly sets out what the deposit covers.
Check how quickly you will get your deposit back once you have left the property.
If you have a joint tenancy, money can be taken from all your deposits to cover damage, cleaning and bills for any part of the property or share of bills outstanding.
If you have an individual agreement, you can only have money taken from your deposit to cover repairs or cleaning caused by your actions, or for your share of outstanding bills.

All tenants signing a new Assured Shorthold Tenancy will have their deposit placed into one of three government-backed Tenancy Deposit Protection schemes, which will ensure that your deposit is protected. Your landlord needs to inform you which scheme has been used within 30 days of them receiving the deposit.

In England and Wales deposits can be registered with:

Tenants can check that the deposit has been protected correctly by accessing these websites and providing the following details - postcode, surname, tenancy start date and deposit amount.

Once a tenancy has come to an end, the landlord/letting agent may agree to return your deposit in full or they may make deductions that you accept. If you agree with the deductions suggested, then the remaining deposit should be returned to you within 10 working days.

If you don’t agree with your suggested deductions, you are entitled to negotiate with them to reach an agreement. If an agreement cannot be reached amicably then you can challenge the suggested deductions through the scheme’s deposit resolution service. You can't use this dispute resolution service unless your landlord/letting agent agrees to this.

For useful information about deposit returns check out this blog by Shelter.

Moving in and inventories

On the day that your contract or licence starts, visit the property with the agent or property owner, and fill in and sign an inventory. If the agent or landlord/lady doesn't provide one of these, you can do one yourself. The Advice Centre can provide you with a draft form to start you off!

As well as making a record of all the items in the house, make a note on their condition - for example, if a kitchen chair has a ripped back or there are cigarette burns on the carpet, note this on the inventory and make sure that you keep a copy. Also note the overall condition of the property.

It may seem a bit of a hassle but having a completed and signed inventory can really help you out if you have problems getting any of your deposit back when you leave - so take your time and make sure that it is accurate.

If anything needs repairing, tell the landlord/lady or agent immediately and back this up in writing with a letter clearly stating the problem. Keep a copy of this letter and any others that you send during your occupancy of the property.

If there are any serious problems or the house is really messy or dirty upon your arrival, it is worth taking photographs. These can be very useful if problems arise later.

Try to get someone who isn't going to be living in the property to witness that you are taking the photographs on the day that you are moving in, or take photos with a camera that displays the date.

Always take an inventory!

Moving out checklist

Contact the landlord/lady or agent a month before you know you will be moving out and arrange for them to do a final inspection of the property on the day that you leave. Make sure that you leave the property clean and tidy, even if it wasn't when you moved in.

On the day you leave, take final meter readings and notify the gas, electricity, water, phone companies etc. that you have left and give your new address where the bills can be sent. If anything is damaged, make a list of what is damaged and how. If you are concerned about losing your deposit, take photographs of the damage, preferably with a camera that will display the date.

If you are concerned generally about getting your deposit back, take photographs of each room and get someone who hasn't lived in the house to confirm that the photos were taken on the day you moved out.

Return the keys on time and give a forwarding address to the landlord/lady or agent.

If your deposit is held in one of the tenancy deposit schemes then it should be returned to you, less any deductions, within 10 days of the tenancy ending. The amount the landlord has deducted becomes the 'disputed' amount and you can proceed to the scheme's free alternative dispute resolution service (ADR) if you wish to challenge the deductions the landlord has made. For more info check out www.direct.gov.uk/tenancydeposit.

What to do if your deposit is not returned

If you are not covered by a tenancy deposit scheme then wait at least 14 days, unless you have specifically agreed something different. Write a letter to the landlord/lady or agent asking for the return of your deposit within the next 7 days. Keep a copy of this and any other letters that you send. If you don't hear from the landlord/lady or agent within this time, or if the reasons you are given for the withholding of any part of your deposit are unfair or unclear, get advice immediately.

You can take legal action to recover your money through the small claims court, which isn't as difficult or as daunting as it sounds and can be done without a solicitor. For more information please contact the Advice Centre.

For more information about the return of a deposit please read this blog by Red Brick.

REPAIR & Disrepair

As a tenant, you have certain responsibilities regarding repairs and conditions in your rented accommodation. These include:

Keeping your home reasonably clean
Safety checks on electrical appliances you own
Keeping gardens or outside areas in a reasonable state
Minor maintenance such as changing light bulbs or smoke alarm batteries
Fixing appliances or furniture you own
Damage caused by you, your family or your guests
Any minor repairs set out in your tenancy agreement

You only need to maintain your home to a reasonable level. You don't have to leave it in a better condition than when you moved in and you are not responsible for normal wear and tear.

Your landlord is responsible for most repairs in your home. This applies to private landlords, councils and housing associations. Their responsibilities include repairs to:

Electrical wiring
Gas pipes and boilers
Heating and hot water
Chimneys and ventilation
Sinks, baths, toilets, pipes and drains
Common areas including entrance halls and stairways
The structure and exterior of the building, including walls, stairs and bannisters, roof, external doors and windows

Your landlord is always responsible for these repairs even if your tenancy agreement says something different. If you have reported a problem to your landlord, they must carry out a repair within a reasonable period.

You can find out more about this by referring to the Landlord and Tenant Act 1985.

Damp and mould in private rented homes

Damp and mould is a growing issue in student housing, with instances up from 31% of houses in 2022 to 54% in 2023. If left untreated, this can cause damage to the property, tenants' items such as clothing/bedding and even severe respiratory conditions.

If you experience this in your private rented proprety, the first thing to do is to inform your landlord as soon as possible. Shelter has a fantastic template that can be used to inform your landlord of the issue.

There are also student led campaigns aimed at tackling the issue, with The Students' Union working closely with Bristol SU to support these campaigns.

How to get repairs done

The landlord/lady is not responsible for repairs until they have been told that there is a problem. If you tell them verbally, follow it up in writing, clarifying the details. Keep a copy of this and any other letters you send. Arrange a mutually convenient time for the landlord/lady to come and do the repair.

Unless it is an emergency, you have a right to be given notice of when the landlord/lady or their builders will be visiting. Give the landlord/lady a reasonable amount of time to get the work done. Allow 7 days for non-urgent repairs and 24 hours if there is a risk to health.

If you receive no response after a reasonable amount of time, send a second letter by registered post. In this letter, give the landlord/lady a deadline to get the repair done - and threaten to take further action if this deadline isn't met. Don't withhold rent as a way of trying to make your landlord do the work as you could leave yourself open to potential eviction issues.

For further guidance please contact the Advice Centre – Advice@uwe.ac.uk

Photo by Bernie-Almanzar on Unsplash