Get your deposit back in full

WITH a stagnant housing market and increasing rents, disputes between landlords and tenants have rapidly become one of the biggest areas of complaint that I hear about – particularly getting your deposit back in full.

Here’s our guide to your rights when it comes to deposits.

WHAT HAPPENS TO THE DEPOSIT?

YOUR landlord has to put your deposit in a tenancy deposit scheme within 30 days of getting it.

If they don’t, you can take them to court and they may have to pay you up to three times the total deposit.

The deposit schemes are: ■ Deposit Protection Service (DPS)

■ Tenancy Deposit Scheme (TDS) – insurance scheme

■ Tenancy Deposit Scheme (TDS) – custodial scheme

■ Mydeposits

Landlords are allowed to take money from your deposit if you owe rent, have damaged the property, have lost or broken anything listed in your property’s inventory or you haven’t kept the property sufficiently clean.

Landlords aren’t allowed to take money to pay for wear and tear or to fix damage caused by problems you’ve reported that they should have repaired.

Wear and tear is the normal damage you’d expect to something as a result of its normal use over time.

HOW MUCH CAN LANDLORDS TAKE FROM MY DEPOSIT?

ANY money a landlord takes from your deposit has to be reasonable. They have to tell you why they’re taking money from your deposit and the amount they take should match up with the reason given.

WHAT HAPPENS IF THE LANDLORD ISN’T PLAYING FAIR?

YOUR tenancy deposit scheme will have a resolution service, so contact them and explain.

Your council may also have a landlord-tenant mediation service so it is worthwhile getting them involved too.

Even if you decide you don’t want to argue the toss, report the landlord if you’ve not been treated fairly.

If you don’t hear from your landlord at all, you may need to consider court action. A good first step is to contact Citizens Advice. The small claims court is a cheap way to do this and isn’t complicated. But get some free advice first.

HOW CLEAN DOES THE PROPERTY HAVE TO BE?

YOU only need to clean the property to the same standard as it was in when you moved in (even if the tenancy agreement calls for professional cleaning).

CAN MY LANDLORD TAKE MY DEPOSIT BECAUSE OF MOULD?

MOULD and damp are technically structural issues – and this means it’s normally your landlord’s responsibility to get it sorted.

But if the mould and damp is caused by condensation it can be argued it’s your fault.

Your landlord should make sure that your property is properly ventilated, so if mould occurs, make sure you report it and keep a record of it. That shifts the responsibility on to them.

HOW LONG DOES A LANDLORD GET TO RETURN A DEPOSIT?

YOUR landlord has to return your deposit within 10 days of you both agreeing how much you’ll get back.

HOW DO I CHALLENGE DEDUCTIONS?

FIRST, contact your landlord. Shelter has an excellent template form.

If you can’t resolve the matter, raise a dispute with your deposit scheme. Check out the links above to get in touch. But don’t suffer in silence! There is help out there – just ask.

■ RESOLVER can help you sort out complaints about almost anything. Go to resolver.co.uk. Share your experiences at yourstories@resolvergroup. com