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The concept of paying a deposit is fair. A landlord/agent needs some financial protection in case they have to pay out because of the actions by the outgoing tenants. What is not fair is that some landlord/agents see the deposits as free money and make a habit of not returning them. This is not the case for all landlord/agents; some are very reasonable and only retain money where necessary. This page will go through what you need to do to protect your deposit and offer advice on getting it back at the end of your tenancy.
A deposit is a returnable sum of money you pay to a landlord/agent at the start of your tenancy agreement. The landlord/agent holds the money throughout the tenancy and they are entitled to deduct money for expenses incurred in relation to your tenancy, providing you are responsible. These expenses usually cover:
The landlord/agent can make additional charges if there are specific clauses in your contract. These may include:
What the landlord/agent can not charge for is fair and wear throughout the tenancy. For example, if a carpet is shabby when you move in and the landlord/agent wants to replace it, he can only do so at your expense if you have damaged it, e.g. an iron burn. Even then, if the carpet was due for replacement they should not pass on the full charge for replacement but a small percentage.
Never pay the landlord/agent any money until you have signed a contract. If you pay and then change your mind about taking the property, it may be hard to get the money back. Always get a receipt for any money paid, especially if the landlord/agent wants paying in cash. Attach your receipt to the copy of the contract so it does not get lost.
The average deposit is between £150-£250. If you are an international student, some landlord/agents may ask you to pay double deposit as extra security. This is not common practice so you could go with another landlord/agent.
For all tenancies starting after April 2007, you landlord must sign up with a Tenancy deposit scheme. These provide a dispute resolution service and will help ensure that the landlord does not withold you deposit unfairly. There are two different schemes, and within 14 days of receiving your deposit, your landlord must tell you which scheme he is using. We recomend you contact the relevent scheme and check the Landlord has protected your deposit with them.
Some Landlords are trying to offer deals where you do not pay a deposit, but pay extra charges elsewhere. This is the landlord trying to escape from his obligations and should be treated with suspicion.
Read about the Tenancy Deposit Scheme on www.direct.gov.uk
Don’t pay for the previous tenants’ damage. If you are unhappy with the property when you move in e.g. cleanliness, broken/missing furniture, badly marked carpets, you must write to the landlord/agent asking them to remedy the problems. Keep a copy. If you do not report it in writing it would be difficult to prove that you are not responsible for the damage. The same goes for any furniture removed by the landlord/agent. Confirm in writing was has been taken, otherwise those landlord/agents with forgetful memories may charge you thinking you have taken it with you. There is no point waiting until you have had money deducted to then complain that the property was unclean when you moved in.
Inventories
Not all landlord/agents use inventories. If you are given one, take it seriously and ensure that what is on the inventory in terms of furniture provided and damage is properly recorded. If you don’t, this will be used as evidence when you move out and it will be too late to protest that it was not a fair reflection of the property when you moved in. If the landlord/agent does not provide an inventory it is not a problem as long as you let them know of any problems in writing.
There is much you can do to ensure you get your deposit back and to make it more difficult for the less scrupulous landlord/agents to keep your money. Following the simple checklist could save you a lot of cash.
There are no figures quoted for what certain things may cost e.g. cleaning, replacing furniture. This is deliberate because in the past some landlord/agents have used them to justify not returning deposits. However, each property is different. A landlord/agent has to show what it has cost them to get the property back to standard, and they have to show you the invoices.
Common problems
Does the landlord/agent have your correct forwarding address? If so check that you have met all the contractual obligations (e.g. proof of bills payment) and then write and ask them for the return of your deposit (keep a copy). Ask the landlord/agent to reply within 21 days.
Have they given you adequate details of why money has been withheld? If not, write and ask them for a detailed list with specific amounts. Request a response within 14 days. If they have give details and you disagree, write to the landlord/agent stating your reasons for disagreeing. If you would like advice before you take this step contact The Student Advice Centre.
Call into The Student Advice Centre and we can contact the landlord/agent on your behalf. If court action is necessary we can also help you with the process and possibly offer lay representation in court.
If your landlord/agent has signed up to Unipol’s Code of Standards you can make a complaint. You can get more details about the Code from Unipol or check their website: www.unipol.leeds.ac.uk
See below for sample letters you can send to the landlord/agent
Other common questions
To do so would be a breach of contract and if there was any legitimate charges that the landlord/agent could make, they could take you to court. However, if you are concerned that you will not get your money back because of problems during the tenancy, seek advice first.
If you have a joint contract you would have to wait until everyone leaves. If you have an individual contract and all your rent is paid up until the end of the contract it should not be a problem, contact the landlord/agent.
No. As you have lived in the property, you are responsible for payment of the bills (unless the landlord/agent has retained their name on the bills and you pay them). So if the landlord/agent keeps your money and does not pay the bills, the utility companies will still hold you liable for payment.
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Leeds University Union Student Advice Centre
First floor of the Union Building
Telephone: (0113) 3801300
Fax: (0113) 3801301
e-mail: advice@luu.leeds.ac.uk
Unipol Student Homes: Code of Standards Complaints
8-12 Fenton Street
Leeds
Telephone (0113) 243 0169
e-mail: info@unipol.leeds.ac.uk
Web: www.unipol.leeds.ac.uk
Leeds City Council refuse collection
Tel: (0113) 247 7477
To find out who supplied your gas
Telephone: 0870 6081 524
To find out who supplied your electricity
Telephone: 0870 7510 093
Yorkshire water
Telephone: 0345 828 885
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for diverse legislation that they cover. The information was checked and correct at the time of writing.
If you have any comments or queries about this page please email advice@luu.leeds.ac.uk.
© LUU Student Advice Centre September 2004.
