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What is a Tenancy Deposit?
If your deposit is covered by a TDS, the scheme will safeguard the return of any deposit which is owed to you. The landlord can only keep all or part of your deposit if you have caused damage to the property or not paid the rent.
To ensure that you get your deposit back at the end of the tenancy it is advisable to:
Þ Check that your tenancy agreement says exactly what the deposit covers and when it will be returned;
Þ Check which TDS your landlord uses;
Þ Ensure there is a detailed inventory of the property;
Þ Keep records of all rent payments;
Þ Notify the landlord of any damage, and repair it if you caused it;
Þ Maintain the standards of the tenancy agreement.
It is good practice to have an inventory. An inventory is a detailed list of the contents and condition of the property and any items provided with it, such as furniture or equipment.
You should do an inventory of the property with the landlord or agent before you move in. Make sure you note if anything is damaged, marked, scratched, burnt or worn.
The landlord or agent may prepare one and give it to you. Always check that it is accurate and that everything is in working order.
This should be signed by both you and the landlord and both should keep a copy.
If a landlord or agent refuses to provide an inventory; prepare one yourself and get it signed by an independent witness (such as a friend) and send a copy to your landlord or agent. Photos showing the property condition when you moved in, also help.
Record can make a big difference when you have problems getting your deposit back. Useful items might include:
Þ Information sent to you by the TDS;
Þ The inventory;
Þ Any photographs you took when you moved in;
Þ Receipts for items you have replaced;
Þ Receipts or estimates for repairs done to the property;
Þ Receipts for rent payments;
Þ Letters to your landlord, and any replies you have received.
The deposit belongs to you and should be returned to you unless your landlord can show they have suffered a financial loss. Your landlord can make reasonable deductions from the deposit for:
§ damage to the property
§ unpaid rent
§ missing items
§ cleaning
Even if your landlord has a valid reason for keeping part of your deposit the rest of it should be returned as they can only deduct as much as is needed to repair or replace what you have damaged on a 'like for like' basis.
Your landlord may try to withhold some or all of your deposit for a different reason such as because you had a noisy party when your contract stated you could not. This is not legal. Landlords can only claim for any financial loss they have actually suffered.
Most often one month’s rent although sometimes more, this gives your landlord security in case you cause damage to the property or don’t pay rent. The deposit belongs to you and should be returned at the end of your tenancy, unless your landlord can show they have suffered a financial loss (not including normal wear and tear). You can ask for receipts or estimates for items deducted from your deposit.
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