Deposits
If you signed an assured shorthold tenancy agreement (you probably did, they’re pretty common but it’s worth double checking) and you paid a deposit, by law it must be protected in a government backed deposit scheme.
How do I Know if my Deposit Deduction Should be Subject to Fair Wear and Tear?
Fair wear and tear takes into account the lifespan of an item when calculating the cost of repair or replacement. In basic terms, it means that if the item has been used previously you can’t be charged the full amount for a brand new one because the landlord/previous tenants have had use out of it, and the value will not be equal to that of a new item. You can only be charged what it is worth.
It also means that if the item has reached the end of its life and is in need of replacing because of this rather than damage, you probably shouldn’t be charged anything. The condition of the property and its furnishings should have been recorded in an inventory when you moved in (and preferably pictures too!). This should help you work out whether the difference between then and now is fair wear and tear from normal use rather than damage.
What you will be charged will, of course, depend on the details of the situation and the lifespan of the property/item so you can’t just say to your landlord that other tenants used it before you so you aren’t paying for it.
I Haven’t Heard Anything from My Landlord about My Deposit
If you have allowed your landlord a couple of weeks to get in contact with you regarding your deposit and you still haven’t heard anything from them about it, you should consider contacting them. Preferably via email as this will mean you have a record of your conversation with them.
Just remember, if it’s a large landlord with a lot of student properties everyone will have moved out at the same time and they will have a lot of deposits to deal with. This could mean it takes a little while for them to process everything, so please be patient.
My Landlord Won’t Give Me My Deposit Back
If your landlord is looking to keep all or part of your deposit, they should have provided you with a breakdown of what the money is being used for and copies of invoices or receipts. If they haven’t, ask for them as it’s difficult to argue that the costs are unreasonable if you don’t know what your money is being used for!
If you know what the landlord is looking to use the money for and they are able to use the deposit to cover the costs but do not agree, the first thing you should do is contact them in writing (email is fine) with your reasons and any evidence you have (this is where the photographs of when you moved in and out, along with your inventory come in useful).
Hopefully, after speaking to the landlord, you can come to a mutual agreement. If not, your option is to use the free alternative dispute resolution (ADR) service offered by the provider that protects your deposit. You will need to contact them and let them know you would like to use the service, and provide them with as much information and evidence as possible. There is often a time limit within which you can raise a dispute which varies between providers. If you don’t agree with your landlord, make sure you don’t miss out by waiting too long. You will also need to bear in mind that you and your landlord will need to accept their decision as final.
What Can My Landlord Deduct From My Deposit?
Your landlord is entitled to deduct money from your deposit to cover any loss to the landlord which is specified in your contract. This usually accounts for things such as unpaid rent, the cost of cleaning and the cost of damage to the property or furniture and furnishings.
What Can’t My Landlord Deduct From My Deposit?
Your landlord cannot deduct money for unpaid bills (unless the bills were included within the rent) they would need to provide your forwarding address to the utility company instead, they cannot deduct money to penalise you for a breach of contract unless the breach caused chargeable damage to the property, furniture or furnishings and they cannot charge you for an item that has naturally reached the end of its life. This means that they must take into account fair wear and tear when charging for damage to the property, furniture and furnishings.
What If My Landlord Will Not Use the Alternative Dispute Resolution Service?
If you are not able to persuade your landlord to use the ADR, your option would be to take them to the small claims court. This is where the process gets more complicated, but hopefully you shouldn’t need to go this far.
If you find yourself in a situation where you are considering taking your landlord to court over your deposit, you may wish to contact the Student Advice Centre for advice and information.
What If I Don’t Think My Deposit Was Protected?
If you signed an assured shorthold tenancy agreement, your deposit must be protected in a government backed tenancy deposit scheme. If you have checked with all of the providers (see below), preferably over the telephone as to locate it online you must have all of the details exactly right, and you cannot locate your deposit, you have a couple of options to consider.
You are able to claim between 1 and 3 times the value of the deposit in compensation, but the final amount can only be decided by a court and will depend on the situation. If you are considering taking your landlord to court regarding an unprotected tenancy deposit, make sure you speak to the Student Advice Centre about the risks and process.
If you are not looking to take your landlord to court, you can contact your landlord to ask for the return of your deposit and explain that you are aware that your deposit is not protected. Your landlord may not wish to go to court, so you may find that your deposit is returned to you.
The providers are:
Moving Out
Moving out of your accommodation may be less exciting than moving in, but it’s also very important to get it right if you want your deposit back! Hopefully you will have looked after your accommodation all year and there won’t be any scuffs or chips anywhere.
Cleaning
It may not be the most exciting thing to have to do, but if your accommodation isn’t left clean you could be charged for professional cleaners out of your deposit. Taking a few hours before you leave to clean could save you a lot of money in the long run. If your landlord hasn’t given you a list of what to clean when you move out, try and use a rule of thumb to clean it to the level of cleanliness that you found it in.
Donate, Don't Waste
Sheffield City Council often operate a scheme for clear sacks (they used to be red!) which you can use to dispose of excess refuse. The scheme changes slightly each year but usually runs towards the end of June until early July. Look out for information, or come and visit us in the Smart Move Sheffield office.
Storage
Have you thought about where you can keep your personal belongings over the summer if you can’t take them with you? If you’re moving into a house next year, you could ask the landlord if it would be possible to leave some of them in the new house – at your own risk! This will depend on whether the current tenants have already left the property, or whether the landlord is carrying out any major renovations.
The University is not able to store belongings for you as we just don’t have the space! So you might want to look at private companies where you can rent (for a fee!) some space in a secure facility. These include Big Yellow Storage and Armadillo Storage.
When Do I have to Move Out?
This will depend on what you agreed to with the landlord and should be spelt out in your tenancy agreement. The most common date for the end of a student tenancy agreement in Sheffield is the 30th June, but it could be any time on this day. If you can’t find your tenancy agreement, ask the landlord. You may be charged if you move out late, so be careful to follow the instructions.
What Do I Do With My Keys?
Again, this depends on your agreement with the landlord and should be spelt out in your tenancy agreement. Common examples are to leave the keys on the kitchen table when you leave, post them through the front door after you have locked it or return it to the letting agent (if there is one) but make sure you check your agreement or if you can’t find it, ask your landlord as you don’t want to be charged for not providing the keys to the landlord.
Bills
Remember those bills that you worked really hard on to set up an account when you moved in? You need to close the accounts now, so almost doing everything you did before in reverse. If you don’t cancel your account you may continue to be charged, or may find that your landlord holds your deposit until seeing proof of final payments.
How do I Close My Account with the Provider?
Hopefully by now you should know who your providers are, and if you still have a bill lying around their contact number should be readily available. If not, a quick web search should locate their contact details.
You will need to let them know that you are leaving the property and provide them with a final meter reading as well as a forwarding address for the final bill. This will usually reach you in a few working days which you can then pay.
You will need to do this for all of your suppliers – gas, electricity and water, as well as the internet/tv package/tv license etc.
TV License
Depending on how long you were residing in the property for, and how long you used your TV license you may be entitled to a partial refund. They can be refunded in blocks of 3 months only, so you will need at least 3 full months remaining on your license. More details can be found here.
Why are There Cancellation Fees?
Some energy tariffs, or more commonly broadband or television packages may have a cancellation fee if you are looking to end the contract early. Just like if you ended your mobile phone contract early, you need to pay for the remainder of the contract. It’s no different with your other bills. You might be able to find any details of charges in the terms and conditions you agreed to (if you have a copy) or by contacting the providers to enquire about cancellation.