What can you do as a Landlord?
One of the things you need to do if you are a landlord is to look into getting a Deposit Scheme. This scheme acts as a safety net for you and ensures the upkeep of your property. While the Deposit Scheme is here to protect you. You must at all times be transparent to your tenants. Being transparent will help you if subsequently you are faced with a claim on deposits.
What information you must give to your tenants?
- the address of the rented property
- how much deposit you have paid
- how the deposit is protected
- the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
- their (or the letting agency’s) name and contact details
- the name and contact details of any third party that’s paid the deposit
- why they would keep some or all of the deposit
- how to apply to get the deposit back
- what to do if you can’t get hold of the landlord at the end of the tenancy
- what to do if there’s a dispute over the deposit
Landlord’s Rights to Deductions
Once you get the deposit and you have the safety net in place, you might consider allowable deductions. Here are some examples of when this might be possible:
- Unpaid Rent- let’s say there are rent arrears you are entitled to deduct the unpaid rent.
- Serious Damage to the property- if you have broken a window or damaged the flooring and the damage to the property can be categorised as ‘serious’ you can deduct it from the deposit.
- Lost/Broken Items- if your tenant has lost or broken things in your property it is also possible that you can in those circumstances deduct from the deposit.
- Cleaning and maintenance- let’s say your tenant is not keeping the property clean and maintained and when you gave them the property you kept the property in a good shape, since the day the tenant has started staying in the property, the property is unkempt and as a landlord you are worried. In these cases, you can deduct from the deposit the cost of cleaning and maintenance as well. Any misuse of the property may be deducted from the deposit.
- Pets- if your tenant has a pet and that pet then goes on to damage the property, you may be able to deduct from the deposit for the damage so caused.
- Poor Redecoration- if your tenant wants to redecorate the property without asking you first, this may be in breach of their tenancy agreement. As a result, you might be able to deduct money from their deposit to get the room back to its prior condition.
Legal Issues?
Potential legal issues can arise if:
- you as a landlord have not protected the depositor
- you have failed to give all relevant information to your tenant or
- have not served a proper notice or
- made wrongful deposit deductions or the
- tenant brings an action against you for all or any other issues.
How we can help
If you are worried or faced with legal action then we would be delighted to be instructed to assist you.
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