When you move into a property, you will be required to pay a deposit so that that the landlord has a safety net just in case something should occur such as damages or unpaid rent at the end of the occupancy.  Many tenants will be unsure of their rights when it comes to getting their deposit back, so it is worth finding out when the landlord has the legal right to use all or some of your deposit.

Cleaning Costs

In your tenancy agreement it may ask that the curtains and carpet are cleaned to a specific standard prior to you moving out, this doesn’t mean that you have to pay over the odds to have them cleaned as it takes into account general wear and tear, but if there are in a mess the landlord has the right to get them cleaned themselves and the bill can be deducted from the deposit.

Damages to Content or Property

Any damage to the property or its contents will have to be paid for or replaced by you.  If you break an old TV you don’t have to replace it with a brand new flat screen – just with a product with similar features and cost.  Once again, you can account for general wear and tear on items if it applies to such as sofas and beds.

When you move in you are best to go through the property with the landlord and create an inventory and the condition the items are in, this way you can review that when you move out to make sure everything is there and in the same condition.

Unpaid Rent

If you decide to skip the last month’s rent the landlord is within their rights to take it from the deposit, if the amount does not cover the rent then you could be taken to court and pay the outstanding fees plus any other costs this process incurs.

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a Tenancy Deposit Scheme.

What is the Tenancy Deposit Scheme?

Tenancy Deposit Protection is designed to ensure:

• you get all or part of your deposit back, when you are entitled to it.
• any disputes between you and your landlord or agent will be easier to resolve.
• landlords and letting agents who do not protect tenancy deposits will have to pay their tenant back three times the deposit.

How Does it Work?

At the beginning of a new tenancy agreement, pay your deposit to your landlord or agent as usual.

Within 14 days, the landlord or agent is required to give you details about how your deposit is protected including:

• the contact details of the tenancy deposit scheme.
• how to apply for the release of the deposit.
• information explaining the purpose of the deposit.
• what to do if there is a dispute about the deposit.

If you don’t get this information, ask your landlord or agent the simple question – ‘how is my deposit protected?’

You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear.