MOVING OUT You’re packing up and preparing to leave. Make sure you don’t miss out any crucial steps during your departure that could end up costing you some of your deposit.
SECTION CONTENTS Moving-out checklist
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Deposit disputes
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Inventory checks and deposits
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Deposit FAQs 38
MOVING-OUT CHECKLIST □ Check your tenancy agreement
□ Check your meters
Does your contract have a moving out procedure? Check it and follow the requirements, especially the notice period.
Take final meter readings as you move out
□ Check your inventory
Ensure all your bills are paid up until the date you are leaving and inform the companies that you are moving out.
Make note of any damage or changes to the property to ensure you aren’t charged for damage you didn’t cause. □ Let your landlord or agency know when you are moving out Contact your landlord/agent to let them know your moving out date. Arrange for them to do a final check before you move out to make sure everything is in order. □ Take photos of the property Take photos of your property to show the condition you are leaving it in (provide datestamps if necessary).
□ Pay your final bills and cancel any contracts
□ Cleaning Deep clean your property before you move out – it needs to be in the same condition as it was when you moved it. □ Rubbish It’s your responsibility to dispose of your rubbish or you can be charged. □ Deposit Your landlord or agency is responsible for returning your deposit. If there are no issues it should be returned to you within 10 days of the end of your tenancy.
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INVENTORY CHECK OUT AND DEPOSITS You need to check the inventory and ensure that all items are back in their original rooms and that the property is clean. The inventory will be used to assess whether any deductions are made from your deposit. There is an allowance for ‘fair wear and tear’ which means any marks from normal everyday use is allowed. As long as the property is in the same condition as when you moved in, your deposit should be returned. Steps to getting your deposit returned 1.
Ensure you leave the property in the condition in which it was let to you - allowing for fair wear and tear - and check that you have paid your rent and any other expenses.
2. Attend the ‘check-out inventory’ and only sign the document if you agree with its contents; this will be used to assess any deductions from your deposit. 3. Once deductions from your deposit have been agreed, the landlord should return the undisputed amount of your deposit within 10 days. 4. If you agree to deductions with the landlord, think carefully about the cost of certain items/ services. A landlord or agent cannot charge for a new replacement item if the item was already old/used/worn when you moved in. For example, if a carpet is five years old at the start of your tenancy, but is subsequently damaged and requires replacement at the end of the tenancy, you will only be liable for a proportionate amount of the cost of a brand new carpet. WHAT DEDUCTIONS ARE ALLOWED
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Allowed
Not allowed
Unpaid rent
Fair wear and tear
Damage to the property
Missing items
Cleaning costs
Betterment (charging you to improve the value of the property e.g. redecorating a whole room because of one scratch)
Changes to the property (if you make changes without consent, the landlord may charge you to put the property back to how it was before)
Charging you for damage that was there before you moved in
DEPOSIT DISPUTES It can take time to negotiate the release of a deposit. Sometimes deductions from the deposit will be reasonable and justified. On other occasions, you may feel the deductions are unreasonable. Initially, try to negotiate with the landlord or agent. It can be a lot easier and quicker to resolve it yourselves – the Student Hub can provide support with this. If your landlord is refusing to refund part or all of your deposit and you disagree with their reason, if you cannot contact them or they deny responsibility, then you need to take further action. If you have a Licence Agreement you can seek support from:
Student Hub: Sherfield Building
Imperial College Union: Beit Hall
The Citizens Advice Bureau www.citizensadvice.org.uk/housing
The housing charity Shelter: bit.ly/shelter-helpline
TAKING COURT ACTION If you are unable to negotiate with your landlord and an Alternative Dispute Resolution (ADR) is not available to you, you might consider taking court action. Warning: This process can be complicated, costly and time-consuming. Before making a claim, make sure you seek legal advice. Need help writing your letter? Shelter England provide useful templates on their website: bit.ly/shelter-letters
These places can offer support and advice to anyone in private rental accommodation. What if my landlord won’t co-operate If the landlord is refusing to co-operate with the scheme to resolve the dispute, it will be mandatory for the case to be referred to the scheme’s ADR service. The landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved. The scheme administrator will divide the disputed amount in accordance with the ADR services or the court’s decision. More information can be found at: www.gov.uk/tenancy-deposit-protection
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DEPOSIT FAQS I’m not happy with the proposed deductions, what can I do? Write to your landlord, your letter should include:
Which costs you think are unreasonable
The reasons why you think the costs are unreasonable (you can relate back to the check-in inventory). If you believe the landlord is charging you too much for the replacement of items, search online and find at least 3 quotes for similar items and include these)
The amount you believe should be returned to you
Request the landlord to send you the list of deductions and costs, if they haven’t already done so
My deposit has not been refunded within 10 days of agreeing the amount? Write to your landlord requesting that the deposit be returned, the landlord should respond promptly My landlord has not responded to my letter/email, what do I do? Write again giving them a deadline within which to respond,eg 2 days. Visit the Student Hub, we can provide support.
What to do if your landlord won’t return your deposit or you cannot reach an agreement? If the landlord is refusing to co-operate with the scheme to resolve the dispute, you can use the free service offered by your tenancy deposit protection scheme to help resolve the dispute. The landlord must agree to use the service and once a decision is made, you’re both bound by the verdict. The landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved. The scheme administrator will divide the disputed amount in accordance with the ADR services or the court’s decision. More information can be found at: www.gov.uk/tenancy-deposit-protection Where is my deposit protected? Not sure where your deposit is protected? See page 21 for how to check your deposit is protected for details of how to check this. Is there is deadline to use the Alternative Dispute Resolution (ADR) Yes, it is usually within 90 days of the end of the tenancy. Check the timescale and process you need to use in order to make a claim with the scheme where you deposit is protected.