Rental Desposit

Gambit · 3 July 2008 at 1:04PM

Afternoon all,

I'm looking to move out of my flat at the end of the agreement which is in September. I paid a deposit equal to one months rent to the letting agent which I think was passed onto the landlord. If it was would it be reasoable to ask the landlord to come and check my flat one month before I am due to move out and if he is happy to take the deposit as the last month's rent? I'm not sure if he would do this especially as he suggested he has had some cash flow problems of late.

I'm just worried that he could take a while to get the deposit back to me which I really need as a deposit for the next place. Is there a time limit but which they have to return the deposit. Should this be on the last day of the rental provided they are happy?

Many thanks in advance for any advice that can be given by tenants, landlords or even letting agents out there

p.s. Please ignore my typo in the title... I can spell 'deposit', honest... :rotfl:

purpleems · 3 July 2008 at 1:22PM

Hi Gambit

Am by no means an expert, having myself only been in rental accommodation for the past few months, but if I remember correctly in my tenancy agreement (and please don't quote me on this!) I'm sure it mentions something about not allowing any deposit returned as use for payment of rent. I could be very very wrong though!

I'm sure someone who is far much more knowledgeable than than me will be along to answer you properly (at least my ramblings in the meantime has bumped your thread up!). (runs off to check rental agreement!)

Sorry!

moneysavinmonkey · 3 July 2008 at 1:30PM

Hi. you need to read your tenancy agreement, most likely it will contain a clause detailing when the deposit should be returned by. I think this is usually within 2 weeks of the end of the tenancy but in practice it can be longer. Is you deposit held in a TDS scheme?

It's highly unlikely the landlord will waive the last months rent in exchange for keeping your deposit as under TDS rules that wouldn't be allowed and would be fairly foolish on the Landlord's part as they would then have no leeway for any damage caused during the last months tenancy. There is no incentive for the landlord to do what you are requesting and plenty of reasons why they shouldn't.

By all means though, be co-operative and arrange a inspection of the property in good time in order that return of your deposit can be processed quickly once your tenancy ends.

Gambit · 3 July 2008 at 1:43PM

Found my agreement which states:

"The deposit will be refunded to the tenant, less any deductions, within 14 days once the following have been completed:
- The property has been yielded up to the landlord
- All keys have been returned
- Any deductions have been agreed between the tenant and the landlord
- Copies of the receipted utilities bills have been provided to the landlords agent"

Doh... guess that means I wouldnt be able to use it to pay for the last month then!

Didnt think so but a friend suggested asking so thought it might be worth it. Might ask him to come round a few weeks before the tenancy is due to end though to check he is happy with the state of the property before the final check.

I've kept the flat in as good a condition as possible but there are a few things I am worried about.

Firstly, within a few weeks of moving in the paint started to crack which the lardlord saw and accepted wasnt my fault. As well as this damp occurred which he kinda fixed but didnt paint over it yet (has been meaning to do this for months). However as I made a small hole in the wall I repaired it and wanted to re-paint the walls. Should I just paint around the damp areas or just paint over them and let him deal with a special paint if necessary?

Also, as the flat has cheap laminate flooring I've accidentlly made a few scratches with furniture and stuff. Would this be seen as normal wear and tear or would he somehow make me pay for this from my deposit?

Sorry for all the questions but this is the first flat I have rented that wasnt from friends and just trying to work out what to expect.

Premier_2 · 3 July 2008 at 2:03PM

The reason the landlord probably won't agree to the deposit being returned before the end of the tenancy is that, irrespective of whether the TDS rules apply or not, a lot of damage can be done in one month.

The landlord may agree to a request to an inspection 1 month before the end of the tenancy, as this could highlight issues he has and allow you time to rectify them before the tenacy ends (e.g. dirty carpets etc).
You should insist on an inspection the day you leave as this should be when the outgoing statement of condition is signed, which will form the basis of any withholding of deposit.

moneysavinmonkey · 3 July 2008 at 2:15PM

Be organised with copies of utilities bills - inform the companies early on that you are leaving + get an interim bill sent out. Then make sure you take final readings and call them up with these + your new address to send the bills to. Can take a while otherwise.

Not sure what you mean by small hole in the wall - is it from hanging a picture? if it isn't that noticeable i'd be tempted to leave it as painting part of the wall may just bring more attention to it.

Some scratches on the floor would be expected, depends on how long you've been there and how bad they are. Can't really say without seeing them i'm afraid. Your landlord can only charge you a proportional amount though e.g. say there are just a couple of bad scratches then the cost to replace those floorboards only and not the whole flooring.

Your deposit should have been placed in a tenancy deposit scheme - and they will provide independent arbitration of any disputes over deposit deductions.... again look through your paperwork for details of this. If you landlord didn't provide you with these details and didn't register your deposit then you can claim compensation of 3x the deposit amount.

Premier_2 · 3 July 2008 at 2:16PM

With regards to the items you are concerned about:

Paint cracks - this sound like normal shrinkage cracks to wall, especially at corners, ceiling, windows, etc - not your problem.

Damp - was this caused by you? It sound more like it was caused either from water penetrating from outside (through wall, roof, etc) or from faulty plumbing. I say this as you say the landlord fixed it - but didn't repair the area so damaged. Again, not your problem.

Hole in wall - depends on the tenancy agreement and how much damage was caused. If you've already repaired it, could you not just paint the repaired area - you'd obvioulsy need the exact colour paint. Else consult with the LL what he would prefer. If you repaint completely, he might not appreciate your colour scheme and if he plans to repaint anyway (kind of like a spuce up to entice a new tenants) he may not be bothered.

Scratched flooring - this would depend how badly damaged. The LL cannot expect it to be prefect but if the damage is bad, may want to deduct an amount from the deposit to cover the cost of replacement. The LL may allow you to replace the floor covering if you are prepared to do so. Again, if you get a meeting say 1 month before, you'll have an idea how he feels.

Premier_2 · 3 July 2008 at 2:28PM

With regards to the TDS, this only came into effect for tenancy agreements commencing on or after 6th April 2007.

Even if applicable, there are two schemes possible.
1. Custodial scheme - here the deposit is paid to the scheme
2. Insurance backed scheme - here the LL holds onto the deposit himself. Instead he pays an insurance premium and is only required to hand over the amount of deposit that is disputed to the scheme once the amount is disputed.

It is true you should have been informed of scheme being used within 14 days of the start of the tenancy (if applicable)

Maximum compensation available for failure to do so is up to 3 times the deposit amount, but as usual, you would need to sue the LL for this in court, and so there's no guarantee you'll receive that amount, or any.

Gambit · 3 July 2008 at 3:17PM

That's all very helpful - thanks guys.

Should have given some more info about the 'problems'. Yeah, as you said Premier, the damp was caused from water entering the flat from the outside window at the front and from blocked pipes at the back. Neither my fault which the landlord accepted. The hole in the wall was when I tried to put a nail in the wall for a painting which didnt work due to most of the wall being covered by plaster. Should have mentioned that the walls of the flat are white so would be easy to paint with some cheap white paint from homebase or something.

moneysavinmonkey wrote: »

Be organised with copies of utilities bills - inform the companies early on that you are leaving + get an interim bill sent out. Then make sure you take final readings and call them up with these + your new address to send the bills to. Can take a while otherwise.

Very good idea moneysavinmonkey. I'll be sure to contact my utility companies before I move.

moneysavinmonkey wrote: »

Your deposit should have been placed in a tenancy deposit scheme - and they will provide independent arbitration of any disputes over deposit deductions.... again look through your paperwork for details of this. If you landlord didn't provide you with these details and didn't register your deposit then you can claim compensation of 3x the deposit amount.

I moved in last September but was not informed about my deposit being places into a TDS. What would I be able to claim compensation for exactly? Would it be worth the effort? Tbh as long as I get all my money back then I'll be happy.

Rental Desposit

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