Deposit Guide Everything you need to know about paying it, protecting it and getting it back Sponsored by
WHAT IS A DEPOSIT? A deposit is a returnable sum payable to the landlord/ agent and will usually cover:
Damage to the property or its fittings in excess of fair wear and tear The cost of cleaning necessary to return the property to an acceptable condition Damage to décor/furniture The cost of removing large amounts of waste from the property The cost of replacing locks, electronic fobs or keys if they are not returned promptly Any outstanding rent
What the deposit covers should be stated in your tenancy agreement. The landlord/agent may retain your deposit until written proof has been provided showing that all the utility bills have been settled. This may include providing an exception letter for your council tax bills. The deposit cannot be used to cover reasonable wear and tear which you have paid for in your rent.
PAYING A DEPOSIT It is best to pay your deposit by cheque or card because you have proof of payment, however if you pay by cash make sure you received a receipt. Most students pay a deposit between £200–300 per person. It should not be paid until the contract has been signed. Some landlords/agents do not charge a deposit and this is OK. DOES MY DEPOSIT NEED PROTECTING? If your contract is an Assured Shorthold Tenancy (AST) then the deposit you pay must be protected by your landlord under one of the three Government Approved Scheme Providers (details on page 11). The deposit should be protected within 30 days of receipt. Tenants should be provided with the prescribed information (and any leaflet or terms of conditions about how the scheme works) within 30 days. Most students living in shared houses rent on ASTs, although this varies in large developments and is almost certainly not
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the case in University accommodation. Your contract will say what type of contract it is at the top of the first page. Contracts where the total annual rent (excluding service charge, insurance, utilities and other extras) for the property is in excess of £100,000 are not ASTs. If you live in the property with your landlord, it is very unlikely that you will have an AST regardless of what the contract says, although some landlords may protect your deposit anyway.
IS MY DEPOSIT PROTECTED? If you think your landlord has either not protected your deposit or you’ve not been told where it is held within 30 days of receiving the money you should request this information immediately. Alternatively you can check your deposit is protected by contacting the tenancy deposit schemes directly. Please find their details in ‘Tenancy Deposit Schemes’ (TDP) on page 11. If your landlord does not protect your deposit within the legal timeframe of 30 days you can take your landlord to court to ensure that they protect the deposit. Courts have the discretion to award not less than the amount of
the deposit and not more than three times that amount depending on the individual case. If your landlord is a member of the Unipol Code and it is found that your deposit has not been protected you should contact Unipol and submit a complaint. Unipol uses the Tenancy Deposit Scheme (Known as TDS), to protect our tenants’ deposits and many of our landlords use it too under a special version specifically for accredited landlords. TDS is a multi award winning tenancy deposit protection scheme and is the only scheme that is not for profit.
WHAT IF MY PROPERTY IS NOT IN A GOOD CONDITION WHEN I MOVE IN? If you are unhappy about any aspects of the condition of the property when you move in, inform the landlord or agent in writing immediately and keep a copy for your records. By informing your landlord you are giving them an opportunity to remedy your complaint. If you fail to notify them about your concerns then you could find yourself being charged for previous tenants’ damage.
If you sign an inventory, you must make sure that it does reflect the condition of the property. If there is a dispute later, the inventory will be a key piece of evidence for either party. If you disagree with the inventory do not sign it but still return it with your comments attached and make a copy. Your contract may state that failure to return an inventory by a given date will be taken as you agreeing to the property being in the state referred to in the inventory.
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TIPS ON GETTING YOUR DEPOSIT BACK Tenancy Deposit Protection Schemes make it easier for you to get your deposit back, however you do have a responsibility to return the property in a good clean condition, allowing for wear and tear.
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AVOID DEDUCTIONS
reasons why There are many legitimate m your deductions may be made fro s on how to deposit. Here are some tip avoid them. nsibility for Check who holds respo nsible the garden – if you are respo should be then gardening equipment provided. niture and If you bring your own fur ing to the wish to remove items belong e to store landlord ask if it is acceptabl Get approval their furniture elsewhere. in writing. agrees to If the landlord or agent from the remove any excess furniture writing. house get this confirmed in writing and in Always report any repairs
keep a copy. cleaning it Maintain the property by regularly. y give At the end of the tenanc ing all the house a full clean, includ appliances. either If you do break anything then inform deliberately or by accident, ately. Do the landlord or agent immedi the tenancy. not leave it until the end of
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GATION Ask to h S ave an in spection your ten towards ancy and the end ask wha ensure y of t you sho ou receiv uld do to e your fu ll deposit back. If you ar e renting from a u or a larg niversity e provid or colleg er, you m handboo e a y be give k or spe n a tena cial end which giv n ts’ o f tenancy e you fu notes ll details expecte about w d. At the hat is beginnin you may g of you be notifi r tenancy ed by th charges em abou for unde t potentia rtaking w neglect l ork as a to parts r e sult of o f t he prope are resp onsible. rty for w This will hich you contract often be and an o p a r t of your bligation ask them you mus if you ar t meet, s e unsure o .
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ILLS R UTILITY B water charges U O Y Y A P – d THREE internet an
fore you ying energy, w weeks be fe A If you are pa s. ill b r anies ou pay you utility comp e th t make sure y c ta n u ou should co tenancy. Yo ate of your move out, y d l a n fi e e th th know al day, inform and let them rs on the fin te e m e final bill th d and get the t n need to rea u o cc a r ay want close you r landlord m u o Y . company to ss re d r rwarding ad of the mete sent to a fo eep a record K t. n e m y a f of p to see proo readings.
CLEAN YOUR PROPERTY
If you are renting a shared property you are all jointly responsible for its condition when you move out. Remember all the landlord/agent wants is a property returned in an acceptable condition to hand over to new tenants.
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Generally cleaning the kitchen and bathroom is over 50% of the task of cleaning the whole property, so concentrating on clean ing your own room is not enough. Taking a stand and not cleaning the house beca use no one else will clean it will not be an acceptable reason. You will all end up losing some of your deposits.
Cleaning and damage are the most common causes of tenancy deposit disputes. TDS produce a number of useful docu ments to help tenants understand deposit protection.
Recommended: Tenant - ten things to help you get it right: www.tenancydepositscheme.com/tenants-documents-and-forms.html 5
EXAMPLES OF DEPOSIT DEDUCTIONS FIRE SAFETY EQUIPMENT If you use any safety equipment inappropriately you will be charged for rectifying the damage. This could be releasing a fire extinguisher (around £35), using a fire blanket (around £20 for a replacement), removing fire door closers or tampering with smoke detector heads (£100 call out plus potentially over £1000 depending on the damage and size of building). The landlord will have to make the building safe for the next tenant.
DAMAGE TO ELECTRICS Usually applies to socket covers and light fittings. An electrician’s time and then replacement parts can cost between £50-£100 depending upon the job needed.
CARPET BURNS Burns can be created by misuse of your iron, candles, hair straighteners and cigarettes. These are the most common types of burns and as carpets are one of the most expensive items to replace, You are likely to be charged for damage like this. Often landlords cannot ‘patch’ a carpet and the cost of replacing the full room will depend upon it’s size. This can be £600 for a small room dependent on the quality of carpet used.
GRAFFITI Notice boards may need replacing as they cannot be left in a poor condition for new tenants. If walls are damaged by graffiti, stains or marks they may need to be redecorated. Painting one wall can cost £20-£40. Painting most of the house can cost £400-£800. BEDROOM NOT PROPERLY CLEANED Cleaning a room can cost about £25 and moving the furniture back to the appropriate room would cost a further £20-£30.
These fees are approximate and could vary depending on the company used and do not include VAT, which in most cases would be an additional cost to you. 6
BATHROOM Not cleaning the toilet or the bathroom suite can cost £50 for the time it can take to for professional cleaners to clean them properly. Clean all the parts you may have forgotten during your tenancy including shower heads, tile grouting, flooring, taps, toilet base and under the seat - it should sparkle. OVEN AND GRILL Clean the appliance inside and out because if it has a year of grease build up it can take a lot of cleaning to remove. This again could take two visits for cleaning fluid to be left overnight and can cost in excess of £60.
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FRIDGE FREEZER Needs fully defrosting before you leave and cleaning out of all food items. This is a time consuming job for cleaners and could involve two visits to the house increasing the cost from anything up to £40 for this one job. WASTE DISPOSAL To remove rubbish left inside and outside of the property can cost a minimum of £50 and this is for one hour. You will also be charged commercial tipping fees on top of this. CELLAR If you have a cellar you need to make sure your junk is removed from it. This is part of the house and you will be charged for waste disposal and tipping fees. RETURNING YOUR KEYS The cost of replacing a key and electronic fob can be anything up to £45 if it is a suited lock system. If you do not return your key there is also a security implication for the landlord and in order to make the house secure again for future tenants, they may decide to replace the locks. Depending on the lock system in the house it can cost anything from £200-£1500 in large suited houses. Always return your key yourself and do not rely on one tenant returning everyone’s keys at the end of the tenancy. If you decide to return your key in the post, make sure it is in a secure padded envelope and mailed recorded delivery. It is your responsibility to ensure the key is returned to the landlord or agent.
LOSING YOUR DEPOSIT Many landlords and agents will employ cleaners and other contractors to do the work for them, so they will be paying for returning the property to a habitable condition and they will pass on this cost. It is not unusual for students to seriously underestimate the cost of a simple cleaning job. Employing contractors who have travel and VAT costs will be a lot higher than carrying out these tasks yourself before you leave. The landlord or agent would be within their rights to take action against the household if the costs of returning the property to a fit and habitable condition exceed the total amount paid in deposits.
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HOUSE CHECKOUT LIST KITCHEN JJ The cooker, grill and all the attachments are clean JJ The fridge freezer is defrosted, switched off, fully emptied, cleaned and doors left open JJ All cupboards, drawers and kickboards under units are emptied and cleaned, including front of cupboards cleaned. JJ Floor covering cleaned LOUNGE AND COMMUNAL HALLWAYS JJ All carpets vacuumed and stains cleaned up JJ Personal possessions fully removed JJ All posters and blue tac taken down from walls JJ All furniture that was present at the start has been returned
DEPOSIT NOT RETURNED? If your deposit has not been returned, check the following: 1. Has all the rent been paid? 2. Have all the bills been paid and proof shown to the landlord if they requested this? 3. Are there any reasonable damage /cleaning charges the landlord could make? 4. Have all other conditions stipulated in the contract by the landlord or agent been satisfied? 5. Landlords are required to return any undisputed part of your deposit within ten days of you requesting it. If you do not receive the whole amount back or wish to dispute the portion not returned you can raise a dispute with the scheme where it is protected.
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JJ JJ JJ JJ
Paint work and window sills wiped Furniture polished and empty Empty and clean out the vacuum cleaner Make sure light bulbs are in each room and working
BATHROOM JJ The toilet, sink, bath, shower and mirror cleaned JJ Flooring cleaned JJ All toiletries removed and bins emptied BEDROOM JJ Carpets are vacuumed JJ Furniture in correct place and wiped down JJ Personal items removed JJ Bin emptied
FREQUENTLY ASKED QUESTIONS WE HAVE ASKED FOR OUR DEPOSITS – WHAT CAN WE DO? You should receive notification from your landlord/agent within ten working days of the end of the tenancy if they plan to make any deductions from your deposit. Any undisputed amount should be released to you as soon as possible and no later than ten working days. If you have not received your deposit or heard from your landlord you should contact your landlord in writing. If you don’t receive a reply or don’t agree with any deductions made you should contact the Tenancy Deposit Scheme (TDP) under which your deposit has been protected. If you want further advice, contact your student advice centre who may be able to advocate for the return of your deposit on your behalf. IS THERE A TIME LIMIT FOR RAISING A DISPUTE? Yes, you have three months from the end of your tenancy to lodge a dispute. So if you think you may not get it back contact your scheme as soon as you can for advice on submitting a claim. THE OWNER HAS ONLY RETURNED PART OF OUR DEPOSIT. CAN THEY DO THIS? This depends on why it has been withheld. If no reasons have been given, write and request a full breakdown of the deductions within ten days. If reasons have been given and you acknowledge that the property was not returned to the
owner as it should have been, then the landlord has a right to withhold as much of the deposit necessary to rectify the problems. WE DISAGREE WITH THE OWNERS OR AGENTS DEDUCTIONS. WHAT CAN WE DO? Ultimately if you and your landlord cannot agree how much of your deposit should be returned, there is a free service offered by the scheme protecting your deposit to help you resolve the dispute. Contact your Scheme for more details. I AM LEAVING THE HOUSE EARLY. CAN I GET MY DEPOSIT BACK EARLY? If it is a joint tenancy the answer is no. The landlord or agent will want to inspect the house and check everything is finalised before returning the full house deposit. If there is no joint contract, it may be possible for you to arrange for the early return of your deposit, but this will be at the landlord’s discretion. WE CANNOT AFFORD TO PAY THE FINAL UTILITY BILLS. CAN WE LEAVE OUR DEPOSIT FOR THE LANDLORD OR AGENT TO PAY THEM? If your utility bills are in your names then you are liable for the cost and not the landlord. The utility company will chase the named persons on the bills and if they request forwarding addresses, your landlord or agent is legally obliged to disclose that information.
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USEFUL CONTACTS
LEEDS
UNIPOL STUDENT HOMES LEEDS 0113 243 0169 | info@unipol.org.uk www.unipol.org.uk/leeds LEEDS UNIVERSITY UNION Welfare Services – 0113 380 1290 advice@luu.leeds.ac.uk
LEEDS CITY COUNCIL Housing Advice – 0113 378 4699 LEEDS CITY COUNCIL Book a bin collection: www.leeds.gov.uk/residents/bins-andrecycling/book-an-unwanted-items-collection
LEEDS BECKETT UNIVERSITY STUDENTS’ UNION Advice Centre – 0113 812 8408 su.studentadvice@leedsmet.ac.uk
BRADFORD
UNIPOL STUDENT HOMES BRADFORD 01274 235 899 info@bradford.unipol.org.uk www.unipol.org.uk/bradford
BRADFORD COLLEGE STUDENTS’ UNION 01274 433007
UNIVERSITY OF BRADFORD UNION Advice Centre – 01274 233 300
NOTTINGHAM
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UNIPOL STUDENT HOMES NOTTINGHAM 0115 934 5020 | info@nottingham.unipol.org.uk www.unipol.org.uk/nottingham
THE UNIVERSITY OF NOTTINGHAM STUDENTS’ UNION Student Advice Team – 0115 846 8730 student-advice-centre@nottingham.ac.uk
NOTTINGHAM CITY COUNCIL Book a bin collection: www.nottinghamcity.gov.uk/bin-andrubbish-collections/
NOTTINGHAM TRENT STUDENTS’ UNION City – 0115 848 6200 Clifton – 0115 848 1406 sac@su.ntu.ac.uk
TENANCY DEPOSIT SCHEMES Find out how to check if your deposit is protected, the process of getting your deposit back and how to raise a dispute. TENANCY DEPOSIT SCHEME (KNOWN AS TDS) 0300 037 1000 www.tenancydepositscheme.com/is-my-deposit-protected.html TDS LINKS TDS produce a number of useful online documents for tenants and landlords. To view these documents please see: www.tenancydepositscheme.com/tenants-FAQs.html MY DEPOSITS 0333 321 9401 www.mydeposits.co.uk/tenants/deposit-checker/ DPS 0330 303 0030 account.depositprotection.com/is-my-deposit-protected
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www.unipol.org.uk/deposits
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Published by Unipol Student Homes. Unipol Student Homes is a company limited by guarantee, registered in England and Wales No. 3401440. Registered Charity No.1063492 VAT registration No. 698 8456 49. Unipol is a Registered Trademark.