Deposit issues

What can you do as a landlord?

One of the things you need to do as a landlord is to join a tenancy deposit protection (TDP) scheme and simply be fair with your tenants.

 

What information you must give to your tenants?

• The address of the rented property;
• Deposit details, how much, who pays, is it protected?;
• How to reclaim the deposit when the tenancy ends; and
• The letting agency’s name and contact details.

 

Landlord’s Rights to Deductions

Once you get the deposit and you have the safety net in place, you might consider allowable deductions. Here are some examples of when this might be possible:

• Unpaid Rent - If there are rent arrears you are entitled to deduct the unpaid rent;
• Serious Damage to the property / lost or broken items You can deduct the repair cost of damages/replacement from the deposit;
• Cleaning and maintenance, when the tenancy the property may need a cleaning contractor to get it ready for the next tenant, you can reclaim this from the deposit;
• Pets - If your tenant’s pet has damaged the property, you can deduct repair/replacement item costs; and
• Poor Redecoration - if your tenant redecorates the property without your permission then you may be able to deduct money from their deposit to get the property back to its prior condition.

 

Respect your tenants’ rights

It is important to understand that your tenants have rights regarding your treatment or withholding of the deposit. We would suggest that you work with the tenant and not aim to make unfair deductions.

 

Legal Issues?

Potential legal issues can arise if:

• You as a landlord have not protected the depositor;
• You have failed to give all relevant information to your tenant;
• Have not served a proper notice; or
• You have made wrongful deposit deductions or the tenant brings an action against you for all or any other issues.

 

How we can help

If you believe that there are ground to retain the deposit then you should inform the tenant in advance of their departure, it may be a case they can easily remedy the situation. We have seen instances where a landlord has wanted to charge tenants several hundreds of pounds for changing a lightbulb, getting carpets cleaned etc. All we ask is that you be fair. Accidents do happen, especially if they have children (who tend to bump into everything). A fair way is to arrange an inspection a few weeks before their leaving date and sort out any issues, this gives them time to remedy the situation, negating any future concerns. We always suggest sending any visitation requests by recorded delivery and keep the proofs from the Post Office.

 

If you are unable to do this then you may withhold a fair charge, however please note that the tenants may take you to court (usually via the small claims court online service) for a refund, stating that you have been unfair. If you have a couple of letters requesting a visit which have been ignored then the court are likely to look upon your attempt to resolve favourably.

 

To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our appointed legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.