If you want to know how to get your deposit back from a landlord and understand the next steps, then this is for you. For starters, you will need to contact your landlord at the end of your tenancy and ask them for your deposit. If a letting agent manages your home, you will need to contact them instead. It is advisable to write or email when you ask for your deposit back – if you do, you will record this.
What can you do to increase your chances?
You will have a good chance of getting all or most of your deposit back if you leave the property in the same condition as when you moved in. You should try to get some evidence of the property’s condition when you leave in case you and your landlord disagree on how much deposit you should get back.
You could:
- take photos of the property to show how it was when you left
- get a check-out inventory and ask your landlord to sign it – this could include things like the condition of walls, windows, doors, etc.
- get your landlord or agent’s contact details
When CAN your landlord take out money from your deposit?
There are circumstances in which you might not get the full amount of your deposit back if, for example:
- you owe some rent-if you owe some rent, the landlord might deduct the sum owed from your deposit.
- damaged the property – this could be if you damaged the walls, broke a window or a doorknob, etc. Alternatively, simply if you have lost or broken some items from the inventory, like some furniture.
When CAN’T your landlord take out money from your deposit?
Your landlord should not take money from your deposit, for example, to:
- fix any damage caused by a repair they didn’t do when they should have. For example, a leak you told them about that got worse and damaged the walls or floors.
- decorate a whole room if there are a few marks on a wall that have appeared while you lived in the property.
- Your landlord cannot take any money out from your deposit for any ‘reasonable wear and tear’ – this means things that would gradually get worse or need replacing over time, for example, a door handle, any paintwork, etc.
What to expect if your local council paid your deposit?
There is a possibility that you will not get any money back from your deposit if your local council paid it for you or guaranteed it under a bond scheme. If your landlord takes money from your deposit for any damages or rent that’s owed, your local council will have to pay it, and you will probably have to pay them back.
Can you challenge your landlord?
The simple answer to this is Yes. Your landlord cannot take unreasonable amounts of money from your deposit. They should provide you with valid reasons for taking money out of your deposit. It is advisable to get your landlord’s reasons in writing.
What further actions can you take?
The action you take against your landlord will depend on whether or not your deposit is protected under a tenancy deposit scheme (TDP). Ideally, most deposits are protected.
If you are unsure or simply don’t know what scheme your money is in, you can consult the government website (GOV.UK). Additionally, you can also consult the Citizen’s Advice/ Lestons.
Next Steps-if your deposit is protected.
You should get your deposit back within ten days of agreeing on the amount with your landlord. It can take longer if you and your landlord disagree on the amount that’s being taken off. Again, you can contact Lestons if you need further assistance with this.
Next Steps-if your deposit is not protected.
If your deposit should be protected but isn’t, you might be able to claim compensation of 1-3 times the amount. You will also get your deposit back, though there may be money taken off for any damage you have caused or if you owe any rent.
You will have to go to court to get any compensation. However, you will most likely win your case if your landlord should have protected your deposit and deliberately did not. Again, if you need legal assistance, you can contact us for help.
Deposit Scheme: Tenancy Deposit Scheme(TDS) and Deductions
Are you a landlord wanting to know more about the Deposit System in the United Kingdom? Are you a tenant wanting to know more about the allowable deductions to your deposits? You could be either a landlord or a tenant thinking of renting and this article would be of use to you.
Why have a Deposit Scheme?
These serve as a source of protection for landlords, ensuring that they have a safety net should anything happen to their property. To begin with, the most important scheme and safety net for a landlord is the Government Tenancy Deposit Scheme.
Government Tenancy Deposit Scheme
All landlords must put deposits in a government-backed Tenancy Deposit Scheme (TDS). These seemingly confusing schemes can be simplified as:
- Insured Scheme
The Insured Scheme is a scheme where the landlord or letting agent keeps hold of the deposit throughout the tenancy while paying a fee to the TDS. This fee operates on a ‘pay as you go basis, meaning that you don’t pay after the tenancy has finished. - Custodial Scheme
The other one is the Custodial Scheme. For this scheme, the landlord or letting agent does not have to pay a fee, as the TDS looks after the deposit. The TDS releases the deposit at the end of the tenancy.
Both schemes have their benefits, so it is important to work out what works for you and your circumstances.
Can a Landlord make Deposit Deductions?
The simple answer to this is YES and once the tenant has left, the landlord may make deductions. Here are some examples of when this might be possible:
- Unpaid Rent- let’s say there are rent arrears a landlord is 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.
Can you bring claims under TDS?
It is possible to resolve disputes under the TDS scheme. If all parties to the dispute agree to TDS resolving the dispute, TDS can appoint an impartial adjudicator to make a legally binding decision. This normally is done within 28 days of receiving the parties’ consent and the evidence.
In TDS Insured, the disputed amount is paid to TDS to hold during the dispute resolution process, and any undisputed amount is repaid to the tenant. When adjudication is complete, TDS will pay the money to the parties according to the decision of the adjudicator.
In TDS Custodial, TDS already holds the deposit. They will pay the undisputed amounts to the parties following the landlord/agent and tenant’s instructions, and hold on to the disputed amount until a decision has been made by the adjudicator.
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