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Deposits etc
 The dilapidation deposit is not the same as a holding deposit
although the holding deposit that you have already paid will normally go towards
making up the dilapidation deposit.
Since time immemorial Landlords and tenants have argued over dilapidation
deposits. At the commencement of a tenancy the tenant pays the Landlord a sum of
money, normally the equivalent of a calender months rent, as a
safeguard against damage. If the property is left in an acceptable state of
repair at the end of the tenancy the deposit should be returned to the
tenant.
The trouble is that in the past many Landlords have been somewhat free and
easy with their tenant's deposits and the only redress available to the tenant
was the courts. Tenants often just accepted the loss rather than go through the
hassle and expense of going to court.
All that changed on April 6th 2007 when the Tenancy Deposit Scheme
(TDS) came in to force. The TDS forces Landlords to protect their tenant's
deposits with one of the authorised schemes (there are currently three).
At the end of the tenancy the Landlord must return the deposit to the tenant
promptly or pass it over to the authorised scheme and register a dispute. The
scheme will provide a free alternative dispute resolution service. If either the
Landlord or the tenant do not agree to alternative dispute resolution the
dispute will be resolved in the courts.
Tenant’s
Guide to the Tenancy Deposit Scheme
Inventories
An inventory is a record of the contents and condition of a property at a
certain date. Your Landlord should provide you with an inventory at the
commencement of your tenancy. Ideally it will contain a set of photographs. It
is important that you take the time to go through the inventory in detail and
point out any inaccuracies. The sooner that you do this the better. Many
inventories will contain a clause stating that if you do not request amendments
with seven days you are deemed to have accepted the contents of the
document.
Any disputes about the deposit at the end of the tenancy will be resolved by
reference to the inventory.
 If
your Landlord is not willing to provide you with an inventory take a complete
set of photographs on the first day of your tenancy and send a copy of them to
your Landlord or Agent by registered post. You should also list any existing
damage to the property or its contents.
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