For tenants this has become
one of the main subjects for complaint. Unscrupulous landlords and letting
agents simply look at the deposits as additional income and decline to refund
them. The reasons for retention are often completely spurious usually citing
"redecoration, cleaning and repairs" as the reasons.
Tenants are now
able to enjoy some protection from the Tenancy Deposit Scheme (TDS) recently
introduced by the Government and although it was not a legal requirement until
July 2006 many responsible letting agents and landlords signed up for it
early.
The problems arise with smaller landlords and unregulated
letting agents who are not required to register with the TDS. In an ideal world
deposits should be placed in an indemnified "Client Call Account" and
withdrawals from this account should be restricted to refunds or shortfalls in
rent or dilapidations.
Many tenants use contract cleaners when vacating
a property and retention of the receipt for payment of this service is an
obvious precaution. If the tenants chose to make good the property themselves
then photographs are very helpful but more particularly the property should be
inspected and the inventory/condition check agreed in the presence of the
landlord, letting agent or inventory clerk.
If the tenant is aware of
dilapidations the cost of remedial work should be agreed with the landlord and
a written statement obtained.
If you are now ready to commence
proceedings please go to our Submit Form and
complete the required details. |
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