A Guide to Deposits in the Rental Sector
- UpperKey
- Sep 14, 2022
- 6 min read
Updated: Aug 5, 2024
When somebody agrees to rent a property, it is standard and best practice for the landlord or letting agent to ask for rental deposit funds and a rent deposite guide. This is paid for the purpose of any expenses that the landlord or letting agent might incur when the tenant decides to move out of the property, such as paying to repair any direct or indirect damage to rental properties or covering any overdue rent or bills. If, when the tenant leaves, there are no rent or bills arrears and the property is in good condition, then the tenant should be refunded the entire deposit.
How Much Should Property Owners Charge for a Deposit? Here a Rent Deposit Guide
The amount that landlords can charge for a rental deposit can vary. However, there are some upper limits. If you are renting out a property, then the amount you can charge for a holding deposit is capped at a maximum of five weeks’ worth of rent, as long as the annual rental amount is less than £50k.
What Can a Landlord Keep from the Deposit?
Whether you are a landlord or a tenant, understanding what the deposit can be used to pay for is crucial, say UpperKey. The tenancy deposit is considered to be the tenant’s money, rather than the landlord’s. Because of this, the landlord or letting agent should refund the deposit in full at the end of the tenancy unless there is a valid reason to make deductions from it. At the end of the tenancy, the landlord is not able to keep a deposit to cover any expenses for damage that is caused by fair wear and tear, such as small scuffs on the walls, worn flooring or carpets, or faded furniture and curtains, as this is unavoidable change in a property over time, and is not directly caused by the tenant.
On the other hand, any actual damage to the property by the tenant, which could have been avoided, can be paid for by the rental deposit. Along with this, the landlord is also able to keep money from the tenancy deposit to pay for any overdue rent or bills that have been left by the tenant after moving out. Any deductions from the tenancy deposit for any reason should be reasonable and reflect the actual cost to the landlord.
How Rent Tenancy Deposits are Protected
When a tenant is instructed to pay a rent deposit, it is still their money, and the landlord or letting agency is legally required to protect it. There are strict rules regarding what the landlord or letting agency is allowed to do with the money the tenant needs to pay as a deposit; they cannot simply take it and spend it. They will need to put the tenancy deposit into an approved tenancy deposit protection scheme (tdp scheme).
There are currently three such tenancy deposit schemes in England and Wales. The landlord is required to let the tenant know which scheme their money is in within 30 days of the deposit being paid. Landlords are also required to provide further information to protect tenants on how to get their money back when they move out, and how to handle any potential disputes that might come up when the tenancy ends. Once the tenancy ends, the landlord has ten days to refund the tenancy deposit once the amount to be returned has been agreed upon.
Different Rent Tenancy Deposit Protection Schemes (tdp schemes)
There are currently three different deposit protection schemes that have been approved by the government that landlords can choose from when protecting their tenant’s deposit. These are the Tenancy Deposit Scheme, My Shorthold Tenancy Deposits, or the Tenancy Deposit Protection Service. They all work in a similar way. Once you have chosen one, you will need to make sure that your tenant is informed of the tenancy deposit scheme that you have chosen and how it is going to be managed.
Deposits for Joint Tenancies or HMOs
How you collect the deposit and how much you charge might vary depending on the type of tenancy that you are offering to tenants. In the case of a joint tenancy, where more than one person is living in the house and splitting the cost of the annual rent, the cost of the deposit should also be split between them. For example, if you’re renting to two people and the deposit is £600, they can pay £300 each or split it between them in any way that works for them. You will only charge one deposit to both tenants, rather than asking for a deposit from each tenant. On the other hand, if you have an HMO, then you may want to ask for a deposit per tenant, or per room that you are renting out. Again, this should be no more than five weeks of the rental value of the room.
Alternatives to a Deposit
For many tenants, getting five weeks’ worth of rent can be quite a large sum to get together at the beginning of a tenancy, especially if they also need to pay the first months ' rent in advance, and are moving from another rental property with their last deposit still tied up. As a result of this, some landlords offer an alternative, such as deposit replacement insurance based scheme. With this option, the upfront costs are usually much less, with tenants paying around one weeks’ rent rather than five. However, unlike a deposit, this payment is not returned to the tenant, even if they leave with no rent arrears and no damage to the property. Instead of paying a deposit, it pays for a landlord insurance backed scheme policy that covers any costs incurred when the tenancy agreement ends. While this might be a worthwhile option for some tenants to consider, tenants cannot be forced into it.
Rent Deposit Guarantee Schemes
A rent deposit guarantee scheme landlords London and Northern Ireland will assist people in finding and paying for housing when they need it. Rather than the tenant being financially responsible for paying the rent deposit and in some cases, the first month’s rent in advance, the scheme will cover the cost, either at no additional cost to the tenant, or with an agreement that the tenant pays it back over time. There are various different schemes designed to help people afford private rental housing, each offering different services.
How Do Rent Deposit Guarantee Schemes Work?
There are different rent deposit guarantee schemes London options available, all of which will work in different ways. Some schemes will find accommodation for the tenant, while others will ask that tenants find their own suitable property before they take over to negotiate with the letting agency or landlord. In some cases, the scheme might liaise with the landlord to reduce the cost of the security deposit or the rent in order to help the tenant find suitable housing. Other schemes offer services where they will view and check the property on behalf of the tenant to make sure that it is safe, suitable, and in good condition.
The security deposit and any advance rent that is required will usually be guaranteed by the scheme. Some schemes will ask the tenant to repay the deposit and advance rent that they have paid on the tenant’s behalf. This is usually done through agreed upon instalments that are paid monthly or weekly for a set period of time. Once the tenant moves out, the deposit will be refunded to the tenant, as long as there is no damage to the rented property, or any overdue rent or other bills that it needs to cover.
On the other hand, some schemes don’t ask the tenant to repay the deposit, and it is returned to the scheme when they move out. However, if there are reasons why the full deposit is not refunded, such as unsettled rent or bills or damage to the property, the tenant will need to repay this amount to the scheme. This will be agreed by the scheme and the tenants together, without the involvement of the landlord.
Handling Deposit Disputes
Deposits can quickly become a major reason for disputes between the landlord and the tenant if the situation is not handled the right way. Understandably, every tenant wants to get all their deposit back, and might become defensive if they don’t agree with the reasons why money night have been deducted from it. As a landlord, one of the best ways to handle this is to clearly outline what money can be deducted for in the tenancy agreement or in a separate document that is signed by both you and your tenant when they start their tenancy, say UpperKey.
Along with this, it’s a good idea to put together an inventory that includes photos of items and missing items within the property before the inventory, and encourage your tenant to take photos of any damage or issues that they find on the day that they move in. This way, you both have records that can be used as proof should any disputes over damage arise at the end of the tenancy.
A rent deposit is usually asked for when a new tenancy agreement starts, offering a security net for landlords who can access the money once the tenancy ends to cover the cost of repairs or unpaid rent.
