Doing ‘little Jobs Around The Place’

So try to remember that story whenever you decide to do ‘a little job’ in any rented property. These contracts are tight, and you need to be very careful. If you think that a bathroom without a mirror will be a problem (and who wouldn’t?) ask the landlord/agent to put one up before you move in or find a more realistically equipped unit. If agents/landlords give permission for alterations, ask for it in writing. (Sorting details like this via email is a brilliant way for tenants to create a paper trail without raising hackles.)

The System For Deposits Taken Before 6 April 2007

Deposits and deductions from them are a hugely contentious area – meaning that I am trying to advise you across a huge variety of practice: from the small landlord who respects their tenants’ realities, to the big agents, responsible to nothing but a high level of profitability, no matter how they achieve their targets. (What I say in this section will largely remain the case under any deposit system. Only the way your deposit is held and how disputes are resolved are changing.)

Under The Pre-April 2007 System

No landlord or agent has any right whatsoever to deduct any of your deposit without good cause. Familiarise yourself with both this Lesson and Lesson 4 on inventories. Then you should be better protected from some of their worst practices until the new Tenancy Deposit Scheme is in place.

When Will I Get My Deposit Back?

There is often a time lag between leaving and receiving any deposit return. A short delay of several days is quite reasonable. Landlords and agents have to check that all outstanding bills and accounts associated with your tenancy have been settled before they organise refunds. Of course, if you leave the property without having given proper notice, or before the end of the fixed term, your deposit will almost always be utilised to cover rent owed (at least until your landlord has found a satisfactory replacement tenant).

Some landlords do manage to get back deposits very promptly, but never expect a landlord to hand over your deposit before they’ve had a chance to check that you’ve paid all your bills, let alone as you move out. Many will do their best to get money back quickly, but no landlord is a hole in the wall.

Protect Your Deposit

Tenants must learn how best to protect their deposit rather than throwing it away then complaining vociferously afterwards. Damage will always be charged for – and the cost of workmen can make your eyes bleed – you have been warned!

Coffee spilled on beds and carpets is not routine wear and tear, but damage. Expect to be charged. Cigarette burns, dirty beds, brown toilets – someone has to clean them up before a new tenant can move in. Therefore tenants who took a nice clean building have to don rubber gloves and get scrubbing before they move out. Just running a Hoover over the middle of the carpets is not enough. Toilets, inside cookers and fridges, bathroom floors, under beds and yes, windows, all need to be washed before you go. Don’t forget to replace light bulbs.

And again, another word of warning, put everything back where you found it. I know plenty of landlords who’ll throw a couple of hours freebie at a unit just to get it straight back on the market and save hassle, but agents have multiple subsidiary companies just aching for you to leave a mess, and cause some redecorating and they charge top whack for everything.

Interest On Your Deposit Under The Old System

A basic legal principle applies to tenancy deposits. Many tenants do not realise that they are entitled to interest on their deposits. Your entitlement is at wholesale bank deposit rate, which you can find out through your own branch, or from your citizens’ advisory services. Do make a claim for this money at the end of your tenancy. Just imagine how much interest the tenants’ deposits in a nationally based estate or lettings agents are generating every year if no one even asks for it back.

Unfortunate changes are underway to fund the new system.