23^rd March 2022

How do I ensure I receive my rental deposit back?

The end of a tenancy can be a stressful time for both tenant and landlord, especially if there’s a dispute over the return of the deposit.

In reality, there are a number of reasons why the landlord or letting agent may try to hold on to some or all of the deposit you paid at the start, but there are also several things you can do to avoid any nasty surprises.

Notice period
A periodic tenancy will usually require that you give the landlord or letting agency one month’s notice of wanting to leave. If you provide less than this there’s a chance that your deposit may be withheld in part. If you’re on a fixed-term tenancy the notice period will be as specified in the tenancy agreement, so don’t assume that it’s automatically going to be one month.

Cleaning
The most common reason for a deposit not to be returned is the standard of cleanliness within the property. Whether you take on the deep clean yourself or engage a professional company, making sure that the premises are spotless prior to moving out is a good way of protecting your deposit. If you use a cleaning company it’s worth keeping the receipt(s) to verify that the work has been done should the landlord dispute it. Needless to say, it’s also your responsibility to remove all rubbish from the property.

Repairs
If you notice that a few things are looking worse for wear then it’s a good idea to make good. It’s likely that you’ll have hung a few picture frames so there may be some small holes in the walls, for example. If you’ve painted any of the walls without consent, you’ll need to return them to the original colour, unless the landlord is happy to live with your choice. And if any lightbulbs need replacing, make sure that’s also on your ‘to do’ list.

Evidence
It shouldn’t be necessary, but it’s sensible to take some photos of the property prior to moving out so that you have a record of its condition when you left. Ideally the photos should be date-stamped. Your landlord will likely do the same as they will need to provide proof that they are justified in withholding some or all of your deposit due to dilapidations. You can also make use of the moving-in report to check whether items were slightly damaged or stained at the start of the tenancy.

Inventory
The moving-in procedure should have included a full inventory of items that were in the property, so be sure to use this again when you move out. If anything has been lost or broken, don’t leave without replacing it as the landlord may seize on that as a way of keeping some of your deposit.

Checking out
Once the property has been vacated and the keys returned, a final inspection should be carried out, and tenants are welcome to be present. This inspection should compare the condition of the property to that recorded in the original inventory. This enables a comprehensive and objective comparison to be made so that both tenant and landlord have a record of the state of cleanliness, wear and tear and damage to aid their negotiations. If your landlord fails to arrange a check-out report they will struggle to demonstrate the evidence to claim compensation for anything they believe has disappeared or been damaged.

Wear and tear
Depending on the length of the tenancy, there’s a likelihood that some items – especially carpets, décor and furniture – won’t have the same pristine look as when you moved in. Ideally, the check-in inventory will have set a benchmark for wear and tear, but if you think there may be an issue it’s important to discuss this with your landlord or letting agency.

Keys
It’s crucial that you return all the keys to the landlord when you leave the property to avoid them having to change the locks. Failure to do this will inevitably result in you losing some of your deposit, so it’s important to ask for written confirmation that you’ve handed them back.

Bills
You’ll have had accounts with utility, telephone and broadband suppliers, so make sure these accounts are either cancelled or transferred to the landlord. This will not only protect your deposit but also prevent any negative impact on your credit rating should bills in your name go unpaid.

Change of address
Neither your landlord nor the new tenants are obliged to forward correspondence or bills to you at your new address, so it’s important to arrange a change of address service in good time. A forwarding address will also be required to enable the landlord to process a deposit return through the relevant deposit protection scheme.

Andrew Ward, owner of Award Property Management, believes that the subject of deposits is an area where evidence and diligence come into their own. ‘Whenever we let a property on behalf of a landlord client, we’re very thorough in compiling a moving-in inventory and condition report using professionally qualified independent Inventory Clerks, so that both parties know exactly what the situation is,’ comments Andrew. ‘Taken alongside the tenancy agreement itself, this inventory is then key when the tenancy ends, or the tenant decides to move out, as we can refer to it and identify any areas for discussion. As well as ensuring that all deposits are held in a dedicated client account and registered in an approved Tenancy Deposit Scheme, we see it as our role to make sure that no tenant needs to experience a deduction of their deposit due to damage, missing items or misuse of the property. By basing our end of tenancy discussions on clear objective evidence, we're proud to have experienced only a couple of disputes from the many, many hundreds of tenancies conducted through our agency.’

Award Property Management are letting agents in Cambridge. If you’re looking to rent your property, please get in touch. We’d be happy to help and advise.