Deposit protection - tips for tenants

It’s so important for tenants to know their rights and responsibilities when it comes to tenancy deposits. Being clued up from the start will help avoid problems for everyone at the end of the tenancy; so here is some advice on what to do when moving in and moving out of your rented home.

• Before you hand over a deposit, ask your landlord if they are a member of a Tenancy Deposit Scheme – and which one!
• Check that your deposit has been protected and that you have received prescribed information within 30 days of the landlord receiving the money. Keep a receipt when you make the payment and if the deposit isn't protected within 30 days contact your landlord straight away to save everyone problems later. They might not be trying to cheat you – it could be a genuine mistake.

• Read and understand your tenancy agreement before you sign it. It has important information on what you can (and cannot) do during your tenancy. It may contain special clauses such as whether or not you can keep pets, or whether you have responsibility for particular aspects of the property such as a garden or valuable contents. If a dispute arises where you didn’t know about a clause in the agreement you may not get all of your deposit back!

• Get written permission from you landlord before you make any changes to the property. If you want to paint the walls or keep chickens in the garden, always consult your landlord and get agreement in writing. Be clear on how it is to be done, and in what condition the property should be returned.

• It is your responsibility to return the property in good condition. Clean the property regularly and if any damage occurs let your landlord or agent know in writing – don’t leave it until the end of the tenancy. If you live in a shared property you have joint responsibility for maintenance so keeping your own bedroom spic and span isn’t enough! Cleaning accounts for over 50% of deposit disputes and the shared facilities such as kitchens and bathrooms are your biggest risk. Even if it’s your flatmates who are messy, you still might have to pay to clean up after them!

• Attend the check-in and check-out inspections if you can. This is your chance to agree on the condition of the property and its contents. Keep a copy of the check-in report and write to your landlord as quickly as possible if there is anything you want to question.

• Only use agents who are regulated by a professional body such as NFoPP, RICS, NALS or The Law Society – or look for the ‘SafeAgent’ badge. A regulated agent has client money protection and a separate client account for any of your money which they hold.

• Make sure the agent and landlord know how to contact you at the end of the tenancy, so they can tell you about any problems with the property.

Five excellent reasons to only consider letting with an ARLA agent

By using a Licensed ARLA agent you are guaranteed:

·          That the agency is covered by our Client Money Protection (CMP) Scheme.

The ARLA have the ability to make discretionary grants (up to pre-set limits) if you suffer financial loss due to the bankruptcy or dishonesty of the member and/or their firm.

·          That the agency has Professional Indemnity Insurance.

This ensures you are financially covered for successfull claims relating to members' negligence, bad advice or mishandling of data...

·          To be consulting with a qualified and trained agent who can give you professional up-to-date advice and guidance.

All our members are required to carry out at least a minimum level of Continuous Professional Development (CPD) each year and many do more.

·          That you are dealing with an agent who voluntarily follows the Code of Practice and Rules of Conduct laid down by their professional body.

If an agent does not follow the code, they can be fined or in the worst cases expelled from membership of ARLA. Our disiplinary process includes everything from cautions and warnings right through to more severe penalties of up to £5000 for each rule breached. You can be sure that the highest standards are upheld by our members.

·          That you have a route to redress should something go wrong.

It is a mandatory requirement that all our members belong to an independent redress scheme, the choice being either the Ombudsman Services:Property or the Propertry Ombudsman Service. This gives you the consumer an added level of protection. The Propertry Ombudsman Service can award payments of upto £25,000

Why should I have an inventory?

What is an inventory? 

An inventory is the itemisation of your property and its condition.

Who needs one?
Every landlord should have an inventory for each property.

Why ?
Because this outlines not only what is in the property, but also what condition it is in.

The property is unfurnished - do I still need an inventory ?
Yes, because the inventory will also point out the condition of the walls, curtains, carpets, bathroom, kitchen appliances, garden and the property as it stands.

The trouble is that many landlords believe that if their property is unfurnished, then they do not need an inventory, because there is very little that can be stolen, broken or damaged.

However, just think about your beautiful magnolia walls being painted pink and purple, the tenant leaves them in that state and claims they were like it when they moved in.

Or the double glazed door has a large crack in it, how do you prove it was sound when the tenants moved in?

The inventory is an invaluable tool in insuring that your property is returned to you in the same condition that it was handed over.

We reccommend that all landlords have one, it might be extra expense in the beginning but will save you time and money in the long run.