Housing and accommodation

Rents and deposits before TDS information

Once you have found a house you like, you will be expected to sign a contract and pay a deposit to the landlord (or agency). There are two different types of deposit, a holding deposit and a damage deposit.

 

Holding deposit

This is a sum of money paid to the landlord (or agency) to guarantee that the prospective tenant wishes to take up the tenancy. You should not pay a holding deposit unless you are certain that you will sign the contract and/or take up the tenancy. If you agree to pay a holding deposit and then decide not to sign the contract the landlord (or agency) is entitled to keep the deposit.

 

Damage deposit

This form of deposit if usually paid to the landlord at the same time as you sign the contract. It is used to safeguard against any damage caused to the property beyond normal wear and tear, and, if specified, against any unpaid rent and bills. The amount of deposit you can pay can vary greatly. It can be anything from £100 to £300. The landlord should not charge you more than two months rent. When you pay a deposit make sure that you get a written receipt, which clearly states what the deposit is for and under what conditions it is, returnable at the end of the tenancy.

Please note: if your tenancy started before April 2007, your damage deposit is potentially not being protected in one of the three government deposit protection schemes.

 

Inventory

An inventory is a list of all the furniture and furnishings in the property and should describe the condition of each item. It is vital that an inventory is made before you move in, either by yourself or your landlord, as this will be a record of the condition of the property at the start of the tenancy. If the landlord provides an inventory, ensure you check the contents carefully. If there are any discrepancies amend the inventory and give a copy to your landlord.

If the landlord does not provide an inventory you should write your own. Make a detailed list of the contents of the house, (including walls, floors and ceilings) and get your landlord to sign and agree its contents. If they refuse, ask an independent person to witness it for you. If may be useful to back the inventory up with photographic evidence.

Copies of blank inventories are available from the Student Housing office on request or alternatively, you can download one for free from the Private Housing web pages.

 

Rent payments

Before you sign a contract or move into a property make sure you know:

  • how much the rent is and how often it has to be paid (weekly, monthly, termly)
  • what the rent includes (gas, electricity, water rates)

It is quite common for landlords to request post dated cheques when you sign an agreement. It is worth remembering that if you do pay by post dated cheque that you are likely to incur a charge from your bank if you need to cancel a cheque for any reason. If possible request that you pay your landlord monthly, either by cheque or standing order. Payments in cash are strongly discouraged. If for any reason you have to pay your rent in cash ensure that you get a receipt for the payment. However you pay your rent it is advisable that you have proof of payment. Evidence of payment can be vital in the event of a dispute.

 

Late payments

If you are consistently late paying your rent your landlord could issue proceedings against you for possession of the property. Just worth bearing in mind.

 

Can the landlord increase my rent during the tenancy?

The answer depends on the type of tenancy you have. If you have an Assured Shorthold Tenancy (AST) the landlord can only increase the rent if there is a specific clause in the agreement allowing them to do so. It is important that you check for such a clause when signing an agreement. If there is no clause in your agreement your landlord cannot increase the rent during the fixed term of your tenancy.

 

What if I can't pay my rent?

You are legally obliged to pay rent to your landlord as specified in your tenancy agreement. Failure to do so may result in the landlord issuing possession proceedings against you and ultimately finding yourself evicted. In the event that this occurs the court may issue a County Court Judgement against you (CCJ) for the debt (which you still have to pay). If you are experiencing difficulties paying your rent, contact your landlord as soon as possible and explain your situation; they may be willing to come to a mutually convenient arrangement. Contact the Student Finance Centre on 023 9284 3014 for financial assistance.

Please note: If you are on a joint tenancy and one housemate is not paying their rent on time/not paying at all, for the landlord to evict this one tenant, the entire household must be served with notice. At the discretion of the landlord, the tenants who have no problem paying their rent may be allowed to stay under a new tenancy agreement.

 

What if the landlord won't accept my rent?

Although you would probably be more than happy if this happens, you must make every possible attempt to pay your landlord. There may be a perfectly logical explanation as to why they wont accept the rent, for instance they have changed their bank account and failed to inform you.

Alternatively they may be purposely refusing payment to terminate the tenancy. Remember that if you are in arrears with your rent for eight weeks or more or you are persistently late paying your rent the landlord can instigate possession proceedings against you for non-payment.

 

Can I withhold my last month's rent in case the landlord keeps my deposit?

As a tenant you have no right to withhold rent, however tempting it might be. The landlord could issue a claim against you for the outstanding money. If you don't pay the rent in the last month of your tenancy, the landlord will generally claim the rent from your deposit. It is worth remembering that if there is any damage to the property at the end of the tenancy the landlord could pursue you, issuing a small claim for the money owed. It is quite common for a landlord to ask for just under or over one month's rent as deposit in order to prevent you from doing this.

Check your tenancy agreement as many contracts contain clauses forbidding you from offsetting rent against deposit.

 

At the end of your tenancy

If at the end of your tenancy you have not caused any damage to the property or its contents or left any bills unpaid, the landlord is legally obliged to return your deposit to you in full. If there are no further complications you should expect to receive it within 28 days of the end of your tenancy (unless your contract states otherwise). If there are outstanding bills or damage to the property and your landlord makes a claim, ask for a breakdown of costs.

Claims should be backed up with receipts. The landlord should give you the opportunity to dispute the claim if you do not agree with the amount.

 

If the landlord refuses to return the deposit...

Write a letter to your landlord asking for the return of your deposit. Explain the reason(s) why you feel it should be returned. Give the landlord a specific amount of time to return your deposit, stating this in your letter. Finish the letter by saying that if the money is not returned you will take further action.

If the landlord still refuses to return your deposit, write a second letter, but first approach Student Housing. Landlords often respond more readily to letters, which quote their obligations in law. Seek legal advice: it is usual to threaten legal action in this letter.

If the landlord still refuses to return your deposit and gives no satisfactory reason why, you will need to take legal action against your landlord. The small claims court can be used by anyone owed under £5,000. The procedure is very simple, although it is important to note that legal aid is not available for these claims. Further information can be found in Student Housing Advice Leaflet 5 or can be obtained from your local court.