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Rules on rental deposits?
mft_2
Posts: 3 Newbie
Hi
I'm just hoping for a few pointers on the rules on rental deposits, and what landlords can and can't do. The rental in question was fairly recent, but was not covered by a rental deposit scheme - it was a private deal between the landlord and myself.
What can a deposit be reasonably used for, by a landlord? Small amounts of cleaning? Wear-and-tear?
Must they provide evidence of anything they've taken money from the deposit for (claimed damage, for example) or any form of itemisation?
Are there any hard and fast rules (anything legal?) that are defined, that someone could point me towards, please, so I can work out where I stand?
Many thanks
I'm just hoping for a few pointers on the rules on rental deposits, and what landlords can and can't do. The rental in question was fairly recent, but was not covered by a rental deposit scheme - it was a private deal between the landlord and myself.
What can a deposit be reasonably used for, by a landlord? Small amounts of cleaning? Wear-and-tear?
Must they provide evidence of anything they've taken money from the deposit for (claimed damage, for example) or any form of itemisation?
Are there any hard and fast rules (anything legal?) that are defined, that someone could point me towards, please, so I can work out where I stand?
Many thanks
0
Comments
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Doesn't matter whether it's a private deal or not, legally the landlord must protect your deposit or you can theoretically sue him for up to 3x the amount.0
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More info required.
When is "faily recent", after 6th April 2007!
Explain "private deal".Notlob0 -
Thanks for the replies
Private deal: it wasn't done through an agency
Fairly recent: the initial tenancy began in May 2006, but a new contract was signed in October 2007. I'm not sure whether this would make it a rolling contract, or a new contract altogether? The deposit was still the same amount from May 2006.0 -
If you signed a new contract after 6th April 2007 then your deposit should be protected. It doesn't matter if you are using a letting agent or not.
It may also be worth checking that you've got a gas safety certificate. The LL has to provide this by law (if you have gas appliances) and (s)he's risking your life by not providing it.0 -
Yes, the deposit should be in a deposit scheme or insured by something similar.
It covers damage (dirt, tears in wallpaper etc.). If it was in a deposit scheme they would arbitrate if you disagreed with teh LL's deductions. It is reasonable to expect three quotes and receipts for any work undertaken. If you let the LL keep the receipt, (s)he may claim against the tax as well (by mistake).
GGThere are 10 types of people in this world. Those who understand binary and those that don't.0 -
Even if, as in this case, the deposit amount was initially paid back in 2006?Gorgeous_George wrote: »Yes, the deposit should be in a deposit scheme or insured by something similar.
If this is definitely the case, they must be in the wrong for not entering the deposit into the protection scheme following the re-signing of the contact after in late 2007, then?
Surface dirt and dust counts as damage?Gorgeous_George wrote: »It covers damage (dirt, tears in wallpaper etc.). If it was in a deposit scheme they would arbitrate if you disagreed with teh LL's deductions. It is reasonable to expect three quotes and receipts for any work undertaken. If you let the LL keep the receipt, (s)he may claim against the tax as well (by mistake).0 -
Even if, as in this case, the deposit amount was initially paid back in 2006?
If this is definitely the case, they must be in the wrong for not entering the deposit into the protection scheme following the re-signing of the contact after in late 2007, then?
The date the deposit was first paid is immaterial, it's the date that the Assured Shorthold Tennancy was signed on that is of importance. If an AST has been signed since 6th April 2007 then the deposit must be protected by law. No ifs, no buts.0 -
What can a deposit be reasonably used for, by a landlord? Small amounts of cleaning? Wear-and-tear?
No - not wear and tear. W&T is to be expected .... otherwise, find me someone who can occupy a property without "wearing and tearing" it
Cleaning - not normal regular cleaning, no. A professional clean at the end of the tenancy, possibly. You have to leave the property in the same condition as you found it, subject to a level of W&T that would normally be expected. If the property is not clean then, potentially, the LL can have the property cleaned and charge you for it.
Deposit - answered by others. Where an AST is signed after April 2007 the deposit must be protected, even if the deposit was rolled over from a previous AST.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
If it wasnt protected the L/L cannot serve a section 21 eitherO0
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