It does not matter where in the world you are but if you are renting then you’re probably dealing with a landlord of some sort. Whenever you are moving into a new room, flat or house in London, you’ll probably have to accept that there will be some sort stress involved when you move out again. Hopefully we can ease a bit of that stress by providing information to use when you should find yourself in that stressful situation.

Do not think that if you are dealing directly with a letting agency that the stress would be less, I think it adds to the drama even more. Most landlords in London can be quite honest but you get the rotten landlords everywhere in the world and not just London. Greed does not linger too far from money, remember that. Lucky for you now that the British Government has introduced a new law called the Tenancy Deposit Scheme in 2007. This new Tenancy Deposit Scheme will save you and your landlord so much time and drama and gets it sorted in a matter of days and not months.

There are a few things to consider before you say yes to moving into a new room, flat or house. When it sounds too good to be true, it probably is.

  • Ask about the utility bills, how they are paid, how much more or less.
  • Ask about the cleaning after you have moved out of the property
  • Ask about the checking in fees and checking out fees.
  • Ask about the gas and electricity inspections.
  • Ask about window cleaning on the outside if the property is on the second floor.

Before you sign that contract make sure that you have read the contract at least once and that you are happy with the terms and conditions. A lot of letting agencies in London will rush you on to sign the contract quickly before you start to query what you have signed for. Tell them politely that you will not sign the contract unless you know what you are letting yourself in for, trust me, half an hour now will save you a lot of stress at the end of your tenancy. If you are unsure about anything, then ask anyone at work or even at Yahoo Answers or even consult the Citizens Advice Bureau which is free of charge.

The Tenancy Deposit Scheme

This new law came into affect in April 2007. This law is especially for tenants by preventing landlords and letting agents from withholding the deposit unfairly. The Government has finally responded to the overwhelming statistics that landlords have an unfair advantage to tenants.

The Tenancy Deposit Scheme is designed that the tenant gets all or part of the deposit if entitled to it and to ensure that the whole process is speeded up. Landlords and letting agents who do not protect tenancy deposits will have to pay their tenant back three times the deposit.

At the beginning of a new tenancy agreement, pay your deposit to your landlord or agent as usual.

Within 14 days, the landlord or agent is required to give you details about how your deposit is protected including:

  • the contact details of the tenancy deposit scheme
  • the contact details of the landlord or agent
  • how to apply for the release of the deposit
  • information explaining the purpose of the deposit
  • what to do if there is a dispute about the deposit

If you don’t get this information, ask your landlord or agent the simple question – ‘how is my deposit protected?’

You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear. Now the question comes in, what if the landlord does not protect the deposit like required by the new Tenancy Deposit Scheme? You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

When you are moving out at the end of the tenancy check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear- and check that you have paid your rent and any other expenses. Then agree with your landlord or agent how much of the deposit should be returned to you.

Within 10 days – you should have received the agreed amount of the deposit.

Important notice, should you speak to your landlord about a certain issue, always have proof of the conversation. Always best to send a dated letter and keep all correspondence of any agreements. The Citizens Advice Bureau will need that hard evidence before they can help you with legal advice.

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Comments

  1. 1
    admin // November 21st, 2007 at 1:42 pm

    Our landlord nightmare started a few months ago when we moved out of our old flat. The landlord avoided us completely when it came to settling the deposit. I phoned him constantly and he told me he would first sort it out with the company that did the inventory checkout. That took him weeks and I had never received a phone call or not even a text message. Eventually I had to take off work to go and see him, when I arrived; he made me wait another hour while he attended to other business. I was not pleased by having to wait around and waste my day off on this type of crap.

    He started talking to me expecting me to have all the paperwork. I told him that he said that he would sort it with the inventory check out company. He then started to work out rough figures and started charging me for cleaning which I already did the last two days we were in the old flat. Then told me that we would only get back about 10% of the deposit and that got me extremely annoyed at him. Thought I’d go home and check the contract before taking him on, besides, I am fairly new to London and the renting laws.

    Then spoke to a friend who told me to visit the Citizens Advice Bureau. They advised me that I would need proof in form of letters that I had written him. Wrote five letters and faxed him twice, still got no reply. I then get a call out of the blue from him telling me he is going to deposit money into my account, I then thought I had won my battle because he was really unfair and did not consider my comments on anything. Checked my bank statement and found that he only deposited the 10%.

    It has been months, he wrecked me a bit financially but I am definitely going to take this matter to court now even if it kills me now because people like that should not be allowed to rent to other people. Folks, this is a reminder, do not let landlords walk all over you, the law can be on your side as well….

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