Capped tenancy deposits

Capped tenancy deposits

There is concern in the sector that the Governments decision to enforce a capped tenancy deposit rules to no more than 5 weeks rent (where annual rent is up-to £50,000) that it may lead to an increase in formal deposit disputes.

This is great news for Tenants who have spent years trying to pull out the initial rent deposit required to move into a Private house rental, however, it also means less money available to cover damages at the end of the Tenancy from the tenant deposits.

Help to minimise deposit disputes

To help minimise disputes, its good practice to have a detailed inventory done at the beginning of the tenancy and a comparison done at the end.  Alleged property damage, cleaning and redecoration are generally the most common reasons for dispute between Landlord and Tenant which then involves going to an adjudication service to resolve.

What about fair wear and tear?

Fair Wear and Tear can also cause ambiguity and deposit disputes as assessing what constitutes fair wear and tear is the least understood area of the lettings process.

Doing regular interim inspections, gives both Landlord and Tenant the opportunity to discuss any issues and also reduces the potential for disputes at the end of the tenancy.

We not only record the property condition, but also take photographic evidence, list all fixtures and fittings which all help to support a claim against a deposit.

Independent property inventory

There is a danger of deposit protection scheme adjudicators not accepting inventories if they are not independent – where a Landlord or Agent compile their own, it may not be acceptable evidence to an adjudicator and may not stand up in a dispute due to their unbiased nature.