It's unfortunate that many landlords and letting agencies aren't as honest as they should be. Your
tenancy deposit can be seen as a way to make a quick bit of cash, even if it is taken illegally.
Thankfully, new laws came into effect on April 6 2007, as part of the Housing Act of 2004, allowing tenants to more easily protect their deposit. Knowing how to deal with a troublesome landlord, in some cases, can now mean you get more than just your deposit back! These laws also means there are clear steps you can take to protect yourself, in the eventuality that your landlord or letting agency should ever turn sour.
The Villainous Landlord Toolkit
There are several ways a landlord or letting agency can cheat you out of your deposit:
Withholding Your Deposit -- They can claim that you've damaged the property or its furnishings when you haven't. Legally, a tenant doesn't have to pay for damages that have occurred over time through normal use (or "fair wear and tear"). Alternatively, they could simply deny they've taken a deposit at all.
Disappear from the Radar -- You might call, only to have them hang up on you over and over, or not be able to get in touch with them at all!
Letting Agency Goes Under -- In rare instances, your letting agency may go out of business, potentially putting your deposit in jeopardy.
Tenancy Deposit Protection Schemes to the Rescue!
You don't need to worry if you are suffering from any of the above problems. If your tenancy is an assured shorthold tenancy (if you're unsure, then it probably is) then it is likely that you can recoup your deposit.
Tenancy deposit protection (or TDP) schemes, as their name suggests, ensure that your deposit is protected. Landlords and letting agencies have a legal obligation to protect your deposit by using one of the three TDP schemes available.
They were created to protect tenants. In the past, resolving deposit disputes could be a big headache, which resulted in many landlords getting away with stealing deposits. TDP schemes put a framework in place that allows tenants to recover their deposit more easily.
You Can Recover Your Deposit
Within 14 days of your tenancy commencing, your landlord or letting agency must send you details of the TDP scheme they are using. If they don't, you can take them to court and get three times your deposit back. That might make you glad they didn't use a TDP scheme!
If your landlord or letting agency has used such a scheme, but is still tried to fiddle you out of your deposit, then the dispute can be dealt with by using the alternative dispute resolution process that is provided for free through any TDP scheme. This means that the courts don't have to be involved.
Whatever your situations, getting the
right advice and taking the right action can help you to solve a current dispute or protect yourself should a dispute ever arise.