Student Advice Centre
Deposits – what they are and how to get them back
Most private agents or landlords will ask you to pay a deposit which usually amounts to 1 month's rent, but it could be more.
What is a deposit for?
A deposit is a returnable payment take by the agent or landlord and held against any arrears of rent at the end of the tenancy, damage to the property or any cleaning and maintenance of the property that the tenant should have carried out.
A deposit should not be used in cases of normal every day wear and tear – this should be covered by the rent you have paid.
There are often disputes about deposits and it is wise to make sure you know what your rights and responsibilities are.
From 6th April 2007 landlords or agents taking a deposit must register your money with a government authorised scheme.
These schemes are designed to protect your deposit money and offer an independent resolution service if there is a dispute.
There are currently 3 Tenancy Deposit Schemes:
Your Landlord or the Agent for the property should register your deposit with one of these three schemes within 14 days of receiving it, and they should also give you the details of which scheme they are using, what you can do if there is a dispute over your deposit and information about how your money will be returned to you at the end of the tenancy.
It is a good idea to check with the relevant scheme and make sure your deposit has been properly protected.
If your landlord fails to protect your deposit properly or has not given you the required information you can apply to the County Court to order him/her to protect your deposit properly and pay you a sum equal to three times the amount of your deposit. However this is a complicated matter and you should get advice from the Student Advice Centre.
Getting your deposit back
If you give the property back in the same condition it was let to you (minus any fair wear and tear) and there is no rent outstanding you should get all your deposit back.
When you move in your landlord or the agent should provide you with an inventory that lists all the contents of the property and their condition. Make sure this is accurate and up to date.
If the property is not clean or otherwise in poor condition make a note of it on the inventory, possibly take photographs, and always inform the landlord or the agent.
Before you move out arrange an inspection of the house or flat and agree any work you need to do with the landlord or the agent.
Also make arrangements for your final utilities bills including final meter readings etc. – give energy firms plenty of notice as they will be busy with lots of student houses.
Do not underestimate the costs a landlord can legitimately charge for putting right cleaning, rubbish disposal, defrosting a freezer, redecorating, and many other relatively small jobs.
When is the deposit returned?
Deposits protected in a scheme should be returned within ten days of the end of your tenancy or you should be notified that all or some of your deposit is being withheld.
What to do if some or all or your deposit is being withheld
If you deposit is protected and you do not agree with the amount your landlord is withholding you can use the dispute resolution procedure operated by the scheme.
You can also get advice from the Student Advice Centre.
Useful Information on deposits
Shelter provide excellent information about deposits, and also produce a booklet on deposits.