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Tenancy deposit help

We are ending our house share tenancy and I know that we will have to *cough up for some damage done to the property accidentally. How does it work?*

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Reply 1

Reue

Original post by Simonthegreat

We are ending our house share tenancy and I know that we will have to *cough up for some damage done to the property accidentally. How does it work?*

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Landlord does a check-out inventory. Landlord gets quotes for repairs. Landlord says how much they'll be deducting from your deposit. Landlord authorises return of deposit minus costs from protection scheme.

Reply 2

Simonthegreat

Cheers. What happens if the deposit does not cover costs of repairs that are done?*

Reply 3

cherryred90s

Original post by Simonthegreat

Cheers. What happens if the deposit does not cover costs of repairs that are done?*

I imagine you'd have to pay the difference

Reply 4

Simonthegreat

Original post by cherryred90s

I imagine you'd have to pay the difference

Yes that is true but we dispute it. so what will happen then. *

Reply 5

Mathmoji

LL is entitled to compensation above the value of fair wear and tear. This is an important distinction and it does not mean that he can claim new for old. Lets do an example:

You have left a stain on one of the carpets. The carpet was 5 years old. The landlord tells you that a new carpet for the room will cost £200.

In this example, you may be asked for the full £200 and shown an invoice, however you are not responsible for the full cost. A carpet in a rental property might be expected to last 10 years at most, so the landlord has only actually 'lost' 5 years of 'value' or half. Therefore you would be liable for half of the total cost, ie. £100. In some circumstances, if you have a long enough tenancy, nothing is effectively claimable from the deposit as everything is covered by fair wear and tear. It is important to note that a landlord is responsible for the upkeep of his property; whereas landlords will try to make you believe that anything that isnt identical to when you moved in is your responsibility. This applies to everything - drawers, lampshades, beds etc. Don't ever agree to pay the full replacement cost of an item.

Which scheme is your deposit protected with? I suggest you familiarise yourselves with their rules now as there are often time limits to adhere to.

The landlord should contact you (within 10 days of the end of the tenancy ending is the guideline) and suggest how much they wish to deduct with reasons. At this point, raise your concerns if you have any and state what you are prepared to offer. If you can not agree, then you should refer the matter to the deposit scheme. They will take evidence from both sides and make an independent decision on how much you owe. This is free for you, so don't be worried about asking for adjudication if you feel your landlord is being unreasonable. It is worth noting that the deposit money is yours in law, and so the burden proof is on the landlord to prove that you have caused damage. If he can not do this then he can not claim any amount from the deposit.

A deposit is just a convenience for sorting out damage. If you have caused damage that is greater in value than your deposit then you are still liable to pay for this but the landlord will need to proceed through the small claims court in order to enforce this. The small claims court is an informal setting where legal fees are capped at about £200, so its not as bad as many people expect it to be.

Reply 6

Simonthegreat

Thanks, So does the landlord have to pay the depostit scheme to get a decision? *Do we both have to attend a meeting with them to sort this out? *How long is the process? *

Reply 7

Reue

Original post by Simonthegreat

Thanks, So does the landlord have to pay the depostit scheme to get a decision? *Do we both have to attend a meeting with them to sort this out? *How long is the process? *

Your deposit will already be with the scheme, there are no fees to raise a dispute. It is all done via online form + post. Timescale depends on the complexity of the dispute.

Reply 8

Simonthegreat

Thanks. So how long after we move out does the landlord have to return the deposit back to us? *It is registered with the deposit scheme, so is there a deadline to do this ? *thanks

Reply 9

Reue

Original post by Simonthegreat

Thanks. So how long after we move out does the landlord have to return the deposit back to us? *It is registered with the deposit scheme, so is there a deadline to do this ? *thanks