Deposits

If you are renting a property from a private landlord or letting agent, you will be asked to provide a deposit on flats, apartments, properties in London before moving in. The purpose of the deposit is to provide the landlord with security against damage to the property, removal of furniture or rent arrears at the end of the tenancy.

A landlord has the legal right to ask for a deposit, and it can be any amount of their choosing as long as it does not exceed 1/6 of the annual rent and is reasonable in relation to the purpose for which it is claimed. In addition to the deposit, some landlords may also require a months rent in advance, but this is all entirely dependant on the landlord and can vary greatly depending on the property.

A deposit is a returnable sum of money, and provided the landlord does not have to make any deductions for damages or rent arrears you should get all of your rent back on leaving the property.

Unreturned Deposits

If you reach the end of your tenancy and the landlord is refusing to pay the deposit back, you must find out the exact reasons why the deposit is not to be returned. Contact your landlord and ask for a written explanation of why the deposit is not being returned.

If you are unhappy with the reasons given, write to your landlord explaining exactly why you feel you should be paid the money, and explaining that you will take court action if you do not receive payment if this is the path you intend to go down. Once you have written the letter, file a copy for yourself and allow 2 weeks for the landlord to respond.

Taking Court Action

If after 2 weeks you have not had a suitable response the next course of action is to commence court proceedings. Visit your local county court and issue a summons. The staff in the court office will provide you with advice and information on how best to proceed.

It is always best to remember that if you issue a summons against your landlord he will be able to launch a counterclaim against you which can result in additional charges for yourself should you be unsuccessful. It is always best to seek professional legal advice in this situation before commencing with court proceedings.

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