Making sure your deposit is safe

publication date: Jan 16, 2014
 | 
author/source: Kate Faulkner, Property Expert and Author of Which? Property Books

If you looking to find a property to rent, one of the key things to look out for is a property which comes with a tenant deposit scheme.

According to Shelter and Citizens Advice a major source of disputes between tenants and landlords (or letting agents) is:-

  1. Getting all of your deposit back
  2. The time it takes for your deposit to be returned


Tenancy deposit schemes don’t apply to every tenant, so if you renting from a live in landlord, spending over £100,000 a year on rent, the company you work for are letting the property for you or renting student accommodation from the university or college you studying at, the scheme doesn’t apply to you. The scheme also only applies to tenants who rented prior to 6th April 2007.

However, if you are a tenant who has rented since this date, you have a right to have your deposit protected in a government approved tenancy deposit scheme.

Already renting? Not sure if your deposit is protected? Then use Shelter’s on-line check

About to move out of your property and need to know how to get your deposit back?

Use our tenant check-out checklist to make sure you secure as much of your deposit as quickly as possible. In the main, deposits are held back from tenants due to damage, not being clean, or due to tenants owning money on bills related to the property.


About to rent a property?

You need to be aware of the following rules and regulations around tenancy deposit schemes:-

  1. Your rental tenancy agreement must include information about which scheme your deposit is protected in
  2. Your landlord or agent must have protected your deposit within 14 days of its receipt between 6th April 2007 and 5th April 2011
  3. If you have rented from 6th April 2011 the landlord or agent must have protected your deposit within 30 days of receiving your deposit
  4. You or your landlord/agent needs to apply for the deposit to be returned at the end of the tenancy
  5. The landlord may have asked for some of the money to be withheld to pay for damage or missing items from your property
  6. The landlord or agent must give evidence to the deposit scheme
  7. You can either agree or disagree with the claim and appeal 
  8. There will be a swift and cost free adjudication to determine who is right: you or the landlord 
  9. Decisions can be awarded 100% in your favour, 100% in the landlords favour or part and part.
  10. The decision should be made within 28 days of the start of the dispute

One in three properties are let with dangerous hazards
Be aware if you decide to rent a property which is cheaper than others locally. Although that might be attractive on the one hand, the likelihood is your landlord won’t protect your deposit, so you may never get it back.

It is also highly unlikely your stay in the property will be trouble free. For example, according to Shelter one in three homes you look to rent will be considered dangerous. This might be a leaking boiler or problems with electrics. Read our checklist on how to avoid a rogue landlord.


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All our information is brought to you by Kate Faulkner OBE, author of Which? Property books and one of the UK's top property experts.
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