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Paying a deposit

You will usually have to pay a deposit as well as a month's rent although landlords / can charge a maximum deposit of one sixth of the annual rent (i.e. 2 month's rent). It is unlikely to be more than this but if it is please seek advice from the agencies detailed in the introduction. Ask for a receipt stating clearly how much deposit has been paid, that it is returnable and what exactly it covers.

Deposits are withheld against damage to the property but they should not be withheld due to reasonable wear and tear. If an inventory (list of furniture and contents) is not provided make your own, listing for each room the condition of the room and what furniture it contains. Ask your landlord / lady to sign the inventory and keep a copy. This will protect you against accusations of causing damage that was already there when you moved in. During your tenancy notify the landlord of any repairs that need to be done.
 

Getting your deposit back

At the end of the tenancy (preferably on the last day) arrange for your landlord to inspect the property before you leave and find out when your deposit will be returned. Make sure that the house has been cleaned and that nothing is missing. Deposits should be returned when you leave, less an amount for any damages that may have occurred. Remember this should not be for reasonable wear and tear.

If your landlord does not return your deposit or you feel the deduction made was too high, then seek advice. They should give you a reason in writing for keeping your deposit or a breakdown in writing for deductions that have been made. Ask for invoices if they have had any work done e.g. cleaning or replacing broken furniture.

Taking small claims action

It is possible to recover deposits through the Small Claims procedure in the County Court. This is a formal legal procedure, which can be done without a solicitor. Forms to make a small claim are available from your local county court whose address will be in the phone book. The maximum you can claim via the small claims court is £3000, if you lose you don't pay your landlords costs. If you want to claim over this amount you will need the help of a solicitor. You should also keep any evidence safe, i.e. receipts, letter, rent book etc. So it's ready if you need it. You will have to pay a fee of between £10- £50 depending on the amount of your claim, your landlord pays this back to you if you win. If you need help taking small claims action contact your Students' Union Advisor.

*Please note...*

A landlord / lady can keep a deposit to cover any rent arrears outstanding. This means that if your flatmate has rent arrears and you have a joint tenancy agreement, your deposit may be used to pay this debt off. (It is worth checking that it is a valid joint tenancy agreement).

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