There are over four million privately rented properties in the UK - and one common story many of these people will likely have is the battle to get their deposit back.
A tenancy deposit is a sum you pay to your landlord or letting agent before you move in. Usually, you should get it back when your tenancy ends, however, your landlord can keep parts - or the entire thing - to cover costs for cleaning, damages, or rent arrears. Usually, your landlord or letting agent will give you a detailed reason why they have taken the money.
The rental experts at property litigator firm Roythornes Solicitors - who act for both landlords and tenants in commercial and residential property disputes - say there are ways you can give yourself a better chance of getting your deposit back when moving out of your old home.
Kelly Willows, who is part of the property litigation team, says in particular there are three things tenants should do when they first move into their rental home to help them get the full deposit back when they leave. It could also help tenants have to take their case to the Tenancy Deposit Scheme (TDS).
Full check of the inventory
Kelly says it is "incredibly important" for tenants to undertake a full check of the inventory for their rental property including a check for each item in the property. Doing this ensures that the inventory firstly is correct but also accurate.
She added: "It is specifically important to check that there are no additional items included on the inventory that are not actually in the property. This will ensure that a tenant is protected at the end of the tenancy agreement should the landlord and/or agent bring a claim against them in respect of any disrepair or damage to the property."
Kelly said each item in the property should be listed on the inventory along with its condition- if anything is different it should be reported to the landlord or letting agent. You should report this in writing - and not just verbally - as you will have proof that the inventory was not accurate at the time of your arrival. This can help if your landlord or letting agent tries to take part of your deposit to cover the item.
Kelly explained: "Should a case be taken to the Tenancy Deposit Scheme, there is no doubt as to the condition of the item and therefore, the tenant cannot be liable for any alleged damage to any item that are not included on the inventor.”
Report all defects before unpacking
Very similar to the last point, tenants should also report any and all defects or issues - no matter how minor - they find within the property before they unpack and settle in. Kelly noted that "in-depth" checks should be made in regard to the walls, ceilings, light fittings, windows etc. Doing this, whilst a property is empty can help you clock onto things which may potentially cause issues down the line.
If anything is found during this check, it should be again reported to the landlord or letting agent immediately - ideally before you unpack as this is proof the issue was there before you moved in. Again, this should be done in writing as you will then have proof of the report.
Kelly said: “Reporting any and all defects before unpacking will document that the defects were already at the property before the tenant has lived there and will serve as evidence that the damage was not caused by the tenant. This will help if at tenancy deposit a claim is raised as it will be documented that the damage was already at the property and so the tenant is not liable no deduction can be made from the deposit.”
Take pictures and videos as soon as you arrive
Finally, after you have done your inventory and in-depth check of the property, you should take your own images and videos of the empty property. Again, doing this before you pack will again provide proof of the properties condition before you moved in.
Kelly explained: "It would be advisable for tenants to ensure that the photographs and videos are time and date stamped. The importance of the tenant taking this action is again for the reasons set out above- to ensure that the tenant is protected in the event that a tenancy deposit claim is raised.
"Should a tenancy deposit claim be raised, the tenant will have their own photograph and video evidence which can be used to defend any claim for the deposit to be deducted. This minimises the risk of the tenant having a claim issued against but in the event that a claim is brought, the tenant will be able to provide their own evidence to refute the claim which would hopefully, throw out any tenancy deposit claim.”