A Tenants Guide to Deposit Deductions

Damage deposits are paid to a landlord or agent prior to the tenancy commencement as security against damage or unpaid rent and are commonly the equivalent of between 4 & 6 weeks rent. The deposit is regarded as the tenant's money. This means that it should be returned to the tenant at the end of the tenancy, if they have honoured the terms of the tenancy agreement. If the tenant has broken the terms of the tenancy agreement, then at tenancy end the landlord or tenant should agree on the return of the deposit and any deductions from it.In an Assured Shorthold Tenancy, Agents and landlords must register/protect the deposit within an authorised Tenancy Deposit Scheme within 30 days of receipt Damages; Should at the end of tenancy the landlord/agent believe a tenant has breached the contract, for instance this could be due to poor cleanliness, damage/loss of property, unpaid rent or bills, then an agreement would need to be sought with the tenant over deductions from the deposit to cover the cost of the breach(s). It is important to differentiate between fair wear and tear and actual damage, this could often lead to a difference of opinion. If the tenant is unhappy with the amount the agent/landlord wishes to deduct from the deposit the tenant is entitled to raise their dispute with the tenancy deposit protection scheme.

Disputes; The dispute service with the deposit scheme provides an unbiased decision based on evidence provided by both parties. Therefore it is extremely important to have evidence to back your case, normally in the form of an Inventory, inventory photos and evidence of communication through the course of the tenancy. Once a final decision is made by the adjudicator it cannot be contested/appealed unless you challenge it through the courts. At Star Lettings we take a proactive stance and try to provide advice and raise concerns where necessary during a tenancy. This then hopefully ensures tenants leave the properties in an acceptable condition with little or no deposit deductions.