Tenants rights are often dismissed as irrelevant when arranging the letting of a new property. At the time they seem flippant and unimportant. However, in the event that you become the victim of either a lousy landlord or tenant, then these rights will become vitally important to you.
The most common type of tenancy in England and Wales is an Assured Shorthold Tenancy (AST). This was introduced in 1997 and all tenancies started since 28th February 1997 will automatically be an AST unless the correct steps were taken to make it an Assured Tenancy.
When tenants are leaving a property the amount of the deposit returned is often the most debated factors. The tenant is likely to feel hard done by as they fail to see why any money has been withdrawn from the kitty, whereas the landlord is merely looking out for their best interests. However, this is one area where the rights of both parties have changed recently and need to be considered.
For starters, no matter what figure is promised by the landlord, the tenant must receive the promised amount within a 30-day period. If this is not reimbursed in this time frame, then they are entitled to the whole sum, regardless of the damage done. This deposit must now also be placed in a secure account once handed over at the start of the agreement. The days of a landlord using it to redecorate their downstairs, and then making up frivolous excuses to why it has not been returned are sincerely over. The money remains in one of these holdings for the entirety of the stay. They then have to prove that they are using the money withheld to repair the damage allegedly caused.
Finally, if the tenant remains disgruntled upon the announcement of the amount of deposit returned then they can make steps to regain this money. They have the right to start a dispute with the landlord which will be decided by the TDA (Tenant Deposit Scheme) officiates. The companies that run the tenancy deposit schemes are listed below:
- The Deposit Protection Service
- My Deposits
- The Tenancy Deposit Scheme
Due to the imposed regulations the landlord is no longer free to personally hold onto the deposit of their tenants.
For more information on:
- Tenants’ Rights
- Tenancy Agreements
- Contact details
- Adequate facilities
- Landlord’s rights
- Taking possession
- Removal of goods
- Overdue Payments