In This Guide

Choosing an area

Getting in

Leaving

   1. Introduction

   2. Getting the bond back

   3. Leaving early

Lettings agents

Living

Looking for property

Renting introduction

Tenancy agreements

Viewing property

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Leaving

Getting the bond back

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When you vacate the property, the inventory and condition check must take place. If there are no missing items or damage that goes beyond normal wear and tear, you should get the deposit back soon after you have left the property, assuming that the property is left in much the same state as it was when you moved in. If it is not in the same condition, you may end up forfeiting all or part of the bond money.

There are certain things that you can do to make it easier to get your deposit back:

• Be clear who has been holding it. There is no point harassing the agent for something that the landlord has and vice versa.
  
  
• Ensure that there is no rent outstanding.
  
  
• Make sure that there is no damage and no missing items.
  
  
• Serve notice in the way specified in your tenancy agreement and don't vacate the property against these terms.
  
  
• Do not be terminating your contract prematurely. This will result in the landlord paying agency fees which will not be recovered, for which you could end up being liable.
  
  
• Always keep a receipt for any cleaning that you have done.
  
  
• Don't forget to clean the windows, they are normally covered in the agreement

Even if you do everything by the book, it can sometimes be a bit of a nightmare trying to get your deposit back:

• Check out some of the bond scams that could result in you losing the bond before you even move in.
  
  
• Some landlords can be very slow to return the deposit. There are many cases of it taking 6 months to get the bond back. If your landlord is delaying without reason, try sending them a letter threatening them with legal action.
  
  
• Avoid overseas landlords, they are particularly unreliable when it comes to getting your bond back.
  
  
• Your lettings agent may help by providing copies of letter etc but will not in any way arbitrate in the dispute, since the tenancy agreement is between yourself and the landlord.
  
  
• Don't forget to provide the agent or the landlord with a forwarding address.

The main point of contention between landlords and tenants with regards to the recovery of bond money relates to what is defined as normal wear and tear. Unless it is clearly specified in your agreement, you could be heading for choppy shark infested waters on a very dodgy looking not very water tight raft.

If it is not defined in the agreement, the landlord can reasonably decree that any damage goes beyond normal wear and tear. The poor girl who lost £200 of her deposit because of a single cigarette burn, resulting in the landlord claiming he would have to replace the entire carpet is a fine example of this type of circumstance.

With any recognised lettings agent, deductions from your deposit should be discussed with you. This discussion may be an actual discussion, or it may be a note that is sent informing you of what the charges comprise of.

If you do not leave the property in immaculate condition, the costs can rack up pretty quickly. If there is any work to be done:

• You will probably be charged an inflated premium rate for labour by the landlords favoured workman (for which backhanders are not uncommon).
  
  
• You will be charged for any materials used. Two things are common here, the workman or landlord uses materials that they already own, or they buy new materials but purchase more of them than they really need.
  
  
• You will be charged VAT.
  
  
• This is how one of our staff ended up being charged £11 for replacement light bulbs in his student days, despite there being only 7 rooms in the house.
  
  
• Cleaning costs for an average 2 bed flat in London are about £170. If you don't want to do it yourself, it can be much cleaner to hire them yourself rather than pay the premium that the waiting for the landlord to hire them will probably incur.

If any work is done after you have left, a receipt should be provided by the landlord or the agent to prove that the work took place. Bear in mind that this could cause a delay in getting your bond back as workmen are slow in providing invoices. However if the landlord keeps £200 of your deposit in lieu of a single cigarette burn in the carpet, it does mean that you can force him to actually spend it on a new carpet rather than a nice trip abroad for himself and his missus.

If your landlord takes money out of your deposit and you disagree with the reason for this, or your landlord withholds your deposit without good reason, you can sue you landlord in the county court to recover the money. If you are successful then he or she will have a county court judgement against them and will have to pay a higher rate of interest on any mortgages for new properties they buy to rent out. Nice. Bear in mind though that to sue someone successfully may require legal assistance. Paying for this does not guarantee success.

Many tenants withhold the last month's rent to the equivalent to the deposit especially if they know that the landlord has withheld other tenants' deposits unjustifiably. You are not legally allowed to do this. If he so wishes, your landlord is allowed to pursue you in the county court to recover the rent arrears. You might end up getting your deposit back from the landlord, but it will be you who has the county court judgement and will have to pay more for a mortgage, may fail future credit searches etc. Not so nice. And don't forget that you may need a reference from the landlord to be able to move into another property.

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