Tenants renting private property have specific rights under UK law. These rights include the right to have a deposit returned at the end of the tenancy, and the right to have it protected under certain circumstances. For tenants who find themselves in dispute with a landlord over a deposit, a housing solicitor can provide advice on how to successfully resolve the issue.
In the case of tenants signing an assured shorthold tenancy, a landlord is typically required to put the deposit they receive from a tenant in one of three government-approved protection schemes. The schemes help to ensure that a tenant will receive the deposit back at the end of the tenancy, provided that they have adhered to the terms of the tenancy agreement. If a tenant and landlord are in agreement on how much deposit the tenant is due to get back, the money in question must be returned to the tenant within ten days of the conclusion of the tenancy. In the case of a dispute, the deposit is held in the tenancy deposit scheme until the dispute has been resolved.
Housing lawyers will advise clients on this.
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A holding deposit – money given over for the purposes of holding a property until an agreement is signed – does not have to be protected. Once a tenant has signed an agreement, however, the holding deposit becomes a regular deposit and it must be protected. A landlord must lodge a deposit with a tenancy deposit scheme even if the deposit has been paid by a third-party, such as a parent or a rent deposit scheme run by the local council.
For private sector tenants who cannot afford to put down a deposit to rent a property, there are deposit guarantee schemes available under the terms of which a local council will submit a guarantee to a landlord for the deposit. To see if they are entitled to participate in a deposit guarantee scheme, tenants should contact their local authority.
A dispute over the return of a deposit may arise for a number of reasons. One reason is the assertion by a landlord that the property has fallen into an unacceptable state of disrepair in the course of the tenancy, thus entitling the landlord to the deposit as a charge against repairs. If a tenant disputes such an assertion, they should seek the advice of a disrepair solicitor such as Duncanlewis.co.uk to establish if they have a case.
Going to court over a deposit issue should be a final resort. Housing solicitors such as Duncanlewis.co.uk will advise clients to raise their concerns with the landlord in the first instance. If they get no satisfaction from this course of action, the tenant can write a formal letter to the landlord stating their problem. If a case does end up in court, hiring the services of a reputable and professional housing solicitors firm will ensure that clients get the greatest possible assistance through to the conclusion of their case.
If a tenant is unable to get their deposit back and the landlord put the deposit in a tenancy deposit protection scheme, tenants should contact the relevant scheme. A
housing possession solicitor is an independent source of advice for those with housing issues.