Finding somewhere to live, staying happy and safe once you've got a place and dealing with any problems: it's fair to say that almost every student will experience some kind of housing issue whilst at Uni.

We can help you look at the options available to you and give assistance along the way. Use the links below for more information.

Deposits

What is a deposit/bond?

Pretty much every landlord/agent will insist on you paying a deposit when you accept a property. This is usually equivalent to 4-6 weeks’ rent (but may be more, for example if you don’t have a guarantor). You will normally pay your deposit when you sign the contract - which might be months before you actually move into the property.

What is it for?

The purpose of a deposit is to protect the landlord from any financial loss he/she suffers as a result of you not behaving properly in the house. As such, your landlord may deduct money from your deposit for:

Replacing items you’ve lost, stolen or damaged
Cleaning
Unpaid rent
Repairing damage to the property
Other losses – such as the cost of changing locks and getting new keys if you don’t return your keys on time, or the cost of re-advertising your room if you leave your tenancy early.

What happens to my deposit?

Your deposit should always be placed in a tenancy deposit protection scheme (TDP) if you have an assured shorthold tenancy (AST) within 30 days of giving it to your landlord or letting agent. (Almost all student lets have AST contracts)

The three schemes are:

Deposit Protection Service (Custodial and Insured)
MyDeposits
Tenancy Deposit Scheme

These government-backed schemes ensure you will get your deposit back if you:

Meet the terms of your tenancy agreement
Don’t damage the property
Pay the rent and bills

I think my deposit has been placed in a protection scheme, but how do I know?

Within 30 days of handing over the deposit, you should have:

The address of the rented property
How much deposit you have paid
How the deposit is protected
The name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
Your landlord (or your letting agency’s) name and contact details
How to apply to get the deposit back at the end of the tenancy
What to do if there’s a dispute over the amount of deposit to be returned at the end of the tenancy

At the end of the tenancy

The deposit must be returned to you within 10 days of you agreeing with your landlord/agent how much you will get back.

If you’re in a dispute with your landlord, the deposit is protected in the TDP scheme until the issue is settled.

Disputes

Use your tenancy deposit protection (TDP) scheme’s free dispute resolution service if you disagree with your landlord/agent about how much deposit should be returned.

Contact your TDP scheme for more information on the dispute resolution service. If your landlord or letting agent is withholding some or all of your deposit they need very good reasons for doing so.

Legal clauses will be written into your tenancy agreement. You will be responsible for:

Any damage to the property apart from ‘reasonable wear and tear’
Leaving the property clean and tidy when you move out
Making sure there are no outstanding bills when you leave

My landlord says they are withholding my deposit and I don’t know why?

If you feel the landlord is claiming unfair deductions from your deposit then you should dispute them. In the first instance, this will involve having a calm discussion with the landlord or the letting agent. Copies of emails, letters, and dated photos would be very useful in refuting the claims. It is important to note that the deposit is legally yours and it is the responsibility of the landlord or letting agent to prove that you owe them some or all of the deposit.

If you and your landlord cannot agree on the deductions you will probably end up presenting your cases to a ‘dispute resolution service.’ A dispute resolution service comes free with the Deposit Protection Scheme where your landlord places your deposit for the duration of your tenancy. They provide a mediation service to help resolve the conflict which does not require court involvement. This is also known as alternative dispute resolution (ADR)

My deposit is protected by DPS

Be assured that if your deposit has been protected in a DPS then neither you nor your landlord can access the deposit money until you have both agreed the amount to be released in writing.

You can also go to court but even the small claims court will cost you money and take more time. The court will also want a very good reason for you not using the free service available.

Avoiding disputes

1. Check the inventory thoroughly

When you moved in you should have been provided with a full list of everything in the property and what condition it is in. You should have checked it thoroughly to ensure its accuracy and made amendments, informing your landlord or letting agent before you signed the document. When moving out, take the time to go through the signed inventory and restore everything to the condition it was in before you moved into the property. This includes items you have moved into storage or simply put in another room. If anything is missing or has been damaged since you moved in then it is fair to expect you will have to pay some compensation for this.

If a landlord or letting agent fails to provide you with an inventory then they will have great difficulty charging you for any damage to anything in the property. It will be impossible for them unless you agree to it. The dispute resolution service will not pay attention to an inventory which a landlord presents if it is not signed by you.

2. Take photographs with electronic dates recorded

Some landlords may not inspect the property before you move out and there is nothing to legally oblige them to do so.

When it comes to cleaning the property, it would be wise for you to have check-in and check-out pictures. These must prove that you left the property in a state which is at least as clean and tidy as when you moved in. Photos will be useful if your landlord claims you have damaged the property beyond reasonable wear and tear. Most mobile phones take very good quality pictures and will probably be suitable as long as you can prove the date they were taken.

Landlords must act reasonably and not claim more than is necessary; they may claim for:

Replacement of a damaged item where it is severely damaged beyond economic repair or its condition makes it unusable
Repair or cleaning where replacement cannot be justified
An item that has had its value reduced or its lifespan shortened by damage (an award of compensation may be appropriate as opposed to having to buy new)

If you find yourself in dispute and using the dispute resolution service then be aware that they will always be thinking about “wear and tear versus actual damage.”

Using a Dispute Resolution Service

If you have caused some damage to the property and cannot agree on a reasonable sum of compensation with your landlord, then the dispute resolution services will calculate what you should pay very carefully.

Where to go for help and advice

The first step is to phone the scheme which holds your deposit and ask their opinion before entering into dispute. After all, they will be the ones who decide your case. Your landlord will have provided you with the details of which scheme holds your deposit.

The dispute resolution service will come to a decision and pay out in two weeks. Their decision is final; you must accept this and there is no option of further action after this (e.g. court).