A number of reasons are being quoted, one being that the landlord no longer has the cash to return to the tenants. Others quote being given spurious reasons for deductions from their deposit such as exaggerated repair costs. The Citizens Advice Bureau has been called upon to help distressed tenants.
What the problems appear to show is a - desperate, in some cases - need for an independent body to help landlords and tenants deal with each other more fairly. And while rules have existed for years to protect tenants' deposits, there has always been a lack of enforcement of these rules.
In general, good landlords have always played by the rules and so-called 'rogue' landlords found ways to get around them. Hopefully, the Tenancy Deposit Scheme (TDS) will make the latter easier to spot.
TDS will help in several ways: it's up to the landlord to prove to his or her tenants that the deposit has been placed within 30 working days of the lease commencing. If the landlord fails to do that, tenants can take them to court with a good chance of being awarded three times the deposit value.
TDS regulations can also be extremely helpful at the end of a lease when there is a dispute about how much of the deposit is returned to the tenant.
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How can you protect yourself? Look at more than the property. Even if you really like the flat, ask yourself whether your landlord appears to have proper procedures in place: have you been offered a detailed check-in and check-out together with your landlord or their agent? Was there an inventory available, listing all items in the flat? Is it easy to reach your landlord? And do they have the correct paperwork available to show to you, such as their landlord registration, energy performance certificates or gas safety certificates?
If you answered 'no' to any of these questions, you may be dealing with a 'rogue' landlord. If you're currently renting from Cullen Property and have any questions about your lease, please contact us directly.
