Deposits: Avoiding an end-of-tenancy dispute

Tuesday, 16 November 2010 4:59 PM

Few would have been surprised last month, when an online survey revealed that the most common cause of rental disputes is how much of the security deposit should be kept by the landlord at the end of a tenancy.

While unpaid bills and tenants redecorating without their landlord's permission were also found to cause frequent upset, the main bugbear was property owners holding back deposits to cover cleaning costs or repair damages.

The reason for so many disagreements occurring in this area is most likely the fact that many landlords and tenants do not fully understand their rights and obligations when it comes to paying a deposit – or giving one back.

If you're a landlord, you're required by law to protect all deposits with a government-approved scheme within 14 days of receiving it.

One such service, mydeposits.co.uk, allows landlords to hold onto the money during the tenancy – and gives them the freedom to discuss its return with the tenant without involving others.

Since the programme started in April 2007, more than 33,000 tenants have enquired about raising an issue – but only one-third of those initial queries have led to a formally-lodged complaint.

Eddie Hooker, chief executive of mydeposits.co.uk, which conducted the research last month, said: "The good news is the vast majority of tenancies end with no dispute raised. Communication between both parties is the key."

He went on to say that both landlords and tenants should always ensure that they understand their obligations under the Assured Shorthold Tenancy Agreement, as this could help them dodge the usual pitfalls.

What happens at the end of a tenancy?

Landlords will normally conduct an 'exit inspection' to confirm that the property has been left in an acceptable state. The deposit is then refunded in full, unless they can show good reason to withhold all or part of it.

Assuming that both the tenant and landlord agree on how much should be returned, the money should usually be given back within ten days of the agreement being reached – or the tenant making a formal request.

What if there is a dispute?

If a tenant is not satisfied with their landlord's explanation for withholding some or all of their security deposit, they can seek advice and assistance on how to resolve the matter from a protection service, such as mydeposits.co.uk.

Should this fail to fix the problem, a number of deposit protection groups offer a free and impartial Dispute Resolution Service to both tenants and landlords.

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