THE TENANCY DEPOSIT PROTECTION SCHEME
Landlords are required by law to pay deposits of assured shorthold tenancies into the Deposit Protection Scheme. These schemes were introduced in April 2007 to improve tenants’ rights and ensure their deposits are not unfairly withheld, following a survey that showed 30% of tenants did not get their full deposits back.
To ensure you get your deposit back there are several things you need to check:
- ask for a written confirmation about what is covered by the deposit and when it will be returned
- ask for a receipt for the deposit and written confirmation of which tenancy deposit scheme it will be paid into
- get an inventory for your house or room and check it
- if the landlord is unwilling to provide an inventory, make one with an impartial witness present
- the landlord is required to pay the deposit into the designated scheme within 14 days and inform you of their details
- if the landlord is non-compliant with the scheme it is possible to take them to court
YOUR RIGHTS – A FACT FILE
- paying a deposit is not a legal requirement, but neither is there a legal limit
- deposits must be paid into a tenancy deposit scheme if the tenancy is on an assured shorthold basis
- landlords cannot retain money from the deposit for normal wear and tear
- the landlord must show the tenants receipts for replacing broken furniture or cleaning if they want to deduct the cost from deposits
- if a house is rented under joint tenancy, all tenants are equally liable to claims
- students are exempt from Council Tax if they live in all-student accommodation
- landlords may not interfere with students’ personal belongings
- landlords must give 24 hours notice before entering the property, unless the contract states otherwise
- the landlord is liable for injuries caused by their failure to keep the premises in a safe state of repair
For further information and help, contact the Union’s Advice Centre on the first floor of the UMSU Biko Building
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