Follow the rental rules
Students moving into their first flats need to know all of their rights
Financial worries or just looking for better value for money? Consumer champion Fergus Muirhead can help
A COUPLE of weeks ago, I answered a question about student insurance and promised to come back to student accommodation, although what follows is relevant to anyone renting a flat. Thousands of students have recently left home and are now renting their own flats for the first time. It’s an expensive business and it’s vital that anyone renting for the first time understands their rights. One of the most important things to be aware of is what happens when you sign an initial lease and pay a deposit. Since 2012, in Scotland, any deposit paid for a rented property must, by law, be lodged by the landlord with one of three tenancy deposit schemes. Any reputable landlord will be happy to tell their tenants where their money is being kept, so don’t be afraid to ask. There are three Government-authorised tenancy deposit protection schemes – Letting Protection Service Scotland, My Deposits Scotland and Safe-Deposits Scotland. Chances are, it’ll be with Safe-Deposits Scotland who are the largest of these and the only one to be based in Scotland. They are run as a not for profit scheme and any money they make goes to a charitable trust.
Tenants are also protected if there’s any question about who should get the deposit at the end of the tenancy.
If there’s any disagreement about deductions from the deposit, you can refer the repayment to the scheme’s adjudication service.
This means the scheme will invite you and your landlord to provide further information about the tenancy.
An impartial person will decide what repayment is fair, based on that information.
More than 95 per cent of deposits are returned without going to adjudication.
Here are a few top tips to make sure a new tenancy runs smoothly: Make sure your deposit is protected The deposit should be transferred to a Government-backed tenancy deposit scheme within 30 days of the tenancy starting. You should receive an email from the landlord and scheme to confirm your money is protected. Inspect the property yourself Check the inventory carefully when you move in and add comments if anything is dirty, broken or wornout. Accidents happen so if a property becomes damaged during a
lease, tenants should report it in writing to a landlord. Consider gathering quotes from reputable tradespeople to repair any damage – it may be cheaper to organise it independently than suffer deductions from your deposit at the end of the lease. Watch what you put on the walls At the end of the lease, return the property to its previous state and when removing pictures or posters, take care not to remove layers of paint and plaster, or leave holes and stains on walls that landlords will have to redecorate over. Keep it clean The number one contributing factor behind disputes over the return of deposits is cleaning. Leaving a property untidy or dirty can incur heavy deposit deductions. The easiest way to avoid losing out is to maintain accommodation throughout the year with a cleaning rota, or monthly deep cleans. Tenants should do a full deep clean before leaving. Don’t forget the garden if you have one. Pay your rent on time It’s important to stay on top of rent payments as some deductions include rent arrears issues. Know your rights Your landlord has a legal duty to ensure that the property they rent out meets what’s called “the repairing standard”. This includes, for example, that the property must be wind and watertight and that fixtures, fittings and appliances are in proper working order. If there’s a problem with the property during the tenancy, let your landlord or letting agent know in writing, so you have evidence that you tried to minimise any issues. Don’t forget to reclaim your deposit when you leave. You’re going to want to get that big chunk of money back so you’ll need to meet the conditions set out in the tenancy agreement. It will likely require you to return the property in the same condition and as clean as it was at the start of the lease. ●See safedepositsscotland.com