Advice Tenancy Deposits This information is accurate as of March 2016
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Tenancy Deposits This information sheet is for all students who have an Assured Shorthold Tenancy, unless stated otherwise.
What is a deposit? A tenancy deposit is paid to give your landlord protection against rent arrears or for any damage you cause. Your deposit is your money. If you’ve paid all the rent due and caused no damage, the full amount of your tenancy deposit should be returned at the end of your tenancy.
Your landlord should confirm in writing what the deposit covers. This may be set out in your tenancy agreement or your landlord may give you a separate document (an inventory) that should be signed by you and your landlord.
How can I make sure the landlord keeps my deposit safe? Your landlord must: • Protect your deposit with a government-backed scheme • Provide you with information about the deposit scheme used They must do this within 30 days of receiving your deposit. Assuming that your contract is for an Assured Shorthold Tenancy the landlord is legally obliged to protect your deposit in one of the three tenancy deposit schemes. • The Dispute Service Limited www.deposits@tds.gb.com • My Deposits www.mydeposits.co.uk • The Deposit Protection Service (Custodial and Insured) www. depositprotection.com If you have a different type of tenancy, the landlord may not be obliged to protect your deposit.
http://www.goldsmithssu.org/advice
This information is accurate as of March 2016
2 What can the landlord deduct from the deposit?
You will need to look after the house and report any needed repairs to the landlord. If the landlord does an inventory when you move in you will need to make sure the information is accurate and correct if it does not accurately reflect the condition of the property. If the landlord does not do an inventory you can do one yourself. It can also help to take date stamped photos of the property when you move in. There is a sample inventory on the Shelter website: http://england.shelter.org.uk/__data/assets/pdf_file/0004/23359/ Inventory.pdf Your landlord can deduct money to cover problems including: • damage to the property or furniture • missing items that were listed on the inventory • cleaning costs because the property was left in a dirty condition • any unpaid rent. Your landlord shouldn’t deduct money from the deposit to cover damage that could be regarded as fair wear and tear as a result of normal use (for example, carpet becoming worn or faded curtains). You can ask your landlord to show you receipts or details in writing for anything they want to keep out of your deposit.
What if I don’t agree with the deductions?
If you would like to dispute the deductions you will need to inform the landlord and the scheme. If you find that your landlord didn’t use a tenancy deposit protection scheme to protect the deposit, you can: • contact your landlord and use the fact that they haven’t met their legal obligations to negotiate getting your deposit back • take court action if they fail to return your deposit. It can be helpful to speak to an adviser about this before starting this process.
http://www.goldsmithssu.org/advice
This information is accurate as of March 2016
3 Where can I find further information on deposits? Shelter http://england.shelter.org.uk/get_advice/tenancy_deposits
Citizen’s Advice Bureau https://www.citizensadvice.org.uk/housing/renting-a-home/studenthousing/students-in-private-rented-accommodation/student-housingdeposits/ University of London Housing Service http://housing.london.ac.uk/housing-advice/legal-advice To book an appointment with University of London Housing Service, you can drop them an e-mail at housing@lon.ac.uk, or give them a call on +44 (0)20 7862 8880.
Contact Us
Visit us on the Goldsmiths Students’ Union website and click on Advice or contact us via e-mail: advice@goldsmithssu.org. http://www.goldsmithssu.org/advice
This information is accurate as of March 2016