► DEPOSITS 2 - How can I increase the liklihood of getting my deposit back?

When the contract starts
This section is applicable to all deposits
Even if you are not planning to move straight in, it is advisable to visit the house on the day your contract starts. There are three key things you need to do.
• Check the inventory
• Report any necessary repairs
• Read the utility meters

Inventory
An inventory is a list of all the furniture and other equipment provided by the landlord. A good inventory should also describe the condition of the items listed; for example, dining table and six chairs, minor tear on one chair seat cover, all seat covers have dirty marks. If your landlord provides an inventory, make sure you check it very carefully and comply with any contract clauses for completing and returning it. This is really important if you are recording any problems. If your landlord does not provide an inventory use SUAC’s model inventory instead (copies available free to students). If you move in after the contract starts, check the house and the inventory again and notify your landlord of any problems that remain outstanding or have arisen in the interim. Do this in writing and keep a copy of your letter.

Repairs
It is also important to report any necessary repairs. Do this in writing and keep a copy of your letter. Send the letter recorded delivery and then you will have proof the landlord has received it – this costs extra. If you are very unhappy with the condition of anything in the house it is worth taking photographs (make sure they are date stamped) or a video.

Utilities
Make sure you read the gas, electricity and (if applicable) water meters and arrange for the accounts to be put in the name of everyone who is living in the house. You may also need to contact the telephone/internet provider if there is a connection.

If you do not know who provides the gas and electricity to your property you can find out by telephoning

0870 608 1524 to find out your gas supplier
0845 124 2424 to find out who supplies your electricity

Living in the house
This section is applicable to all deposits
Look after the house as well as you can. This will involve not only making sure that you, your housemates and any friends and visitors do not cause any damage, but also taking reasonable steps to protect and maintain the house and its contents. Check your contract for details of what is expected. If you do not have a written contract or are unsure about what your contract means contact SUAC.

 

Fair wear and tear
Tenants are not liable for damage caused by fair wear and tear. Although reaching an agreement on what counts as fair wear and tear can be difficult, landlords are expected to take into account the age, quality and condition an item was in at the beginning of the contract. In addition, landlords are not allowed to replace old items with new at your expense.

DIY
Some tenants do their own repairs or pay someone else to do repairs for them rather than risk losing their deposits. This can be problematic. Landlords may not be satisfied with the quality of the work and may get it done again at your expense so you would end up paying twice. It may also be a breach of contract to employ anyone other than the landlord’s own approved contractor so check your contract.

If you have a break-in
If the house is damaged as the result of a crime make sure you report it to the police as well as your landlord. Tenants should not normally be held responsible for damage in this situation, unless there is evidence that they were linked to the break-in or it can be attributed to their negligence.

When you move out
This section is applicable to all deposits
Some landlords give detailed instructions about what to do when you move out. If your landlord does not do this, it is advisable to contact him or her a few weeks before you leave to discuss what you are expected to do. Most landlords carry out an inspection on the last day of the contract or as soon as possible afterwards. If the inspection takes place after the end of the contract the landlord does not have to allow you to attend. If you are very worried about getting your money back try asking for a preliminary inspection a few days before you leave so you have a chance to put right any problems before the final inspection takes place. The landlord does not have to agree to this and some may find it impractical to do so. If your landlord is not able to carry out an inspection before you leave, it is important to be able to prove that you left the house in good condition.

The following points will hopefully help you avoid any problems;
• Clean the house thoroughly, making sure you comply with relevant clauses in your contract (e.g. to clean the windows). Remove and properly dispose of all rubbish.
• Use the inventory to check for damage and missing items. Make sure that anything which has been moved has been put back in its original place.
• Take final meter readings. Contact the suppliers and arrange for the bills to be sent to you at your new address. Many landlords who let to students will not refund deposits until they have received evidence that the final bills have been paid.
• On the day you leave take dated photographs or a video of every room.
• If you are worried it may also be useful to ask someone unconnected to the contract to witness the condition of the house when you leave.
• Return your keys. If your landlord has not already told you where to take the keys contact him a few days before you plan to leave. Some landlords are strict about the time by which keys should be returned and may charge a fee if you are late.
• Make sure your landlord has an address for you so your deposit can be returned. Some landlords ask for stamped addressed envelopes for this purpose.

Getting your money back
Deposits covered by tenancy protection

You should receive a refund within 10 days moving out and satisfying any requirements in the contract e.g. proving you have paid the final utility bills. If your landlord takes longer than this or you cannot agree on the amount to be refunded contact the relevant tenancy deposit scheme.

Deposits not covered by tenancy deposit protection

There is no time limit on refunds unless one is set out in the contract. If there is no time limit or the time limit has expired and you have not received your deposit back you should write to your landlord and ask for it. Keep a copy of the letter.

Sample letter

Ms Bloggs
1 Bedsit Street
Coventry
CV2 3DX

Mrs Bond
1 Paradise Mansions
Coventry
CV4 1XX

18 July 2010

Dear Mrs Bond
I am writing to remind you that I have not received my £300 deposit refund from1 University Street, Coventry, CV1 5AY. I moved out on 30 June 2010. Please send my refund to the address above within 7 days of the date of this letter. Alternatively if you have decided to withhold all or part of my deposit please send written details including costs and receipts if applicable.


Yours sincerely....

Many landlords provide a list of deductions (e.g. for damage). If your landlord does this, carefully consider each deduction and any supporting evidence (e.g. photographs) supplied. If you still feel you are entitled to get all or part of your money back and your landlord does not agree, you will need to take further action. For information on how to do this see “Deposits 3 – What if I don’t get my money back?”

 

 


 

 

Bookmark and Share