Deposits and Inventories
Most private landlords will require a deposit for their properties as a form of security against damage to the fabric or contents of the property or against loss of income caused by a tenant abandoning the property without giving proper notice. A landlord will normally ask for between one and two months rent as a deposit. It is illegal for a landlord to ask for more than two months rent as a deposit.
Before you move into a private rented property, you should ensure that you have an inventory which details the furniture and appliances that are left in the property as well as their condition and the condition of the fixtures and fittings. The inventory should be agreed and signed by both parties and the tenant should retain a copy. A thorough inventory can save time and help to resolve disputed about the return of deposits at the end of the tenancy. You should ensure that you keep your copy of the inventory until your deposit has been returned to you.
At the end of the tenancy, the landlord is entitled to use the deposit to offset any rent or other monies due by the tenant. In addition, the deposit may be used to replace or repair any furniture, fixtures or fittings that have been broken, damaged or lost.
If there are no monies outstanding or repairs or replacements required, the landlord must return the deposit within a 'reasonable timescale'. The law doesn't define what is reasonable but it is considered good practice for a deposit to be returned within two weeks.
If your landlord is refusing to return your deposit and you think that you are entitled to some or all of it back, you should take the following action;
- Write to the landlord requesting a detailed breakdown (in writing) of the reasons/items why some/all of the deposit has not been returned
- If the landlord responds with such a breakdown, you should write back to the landlord stating what items you accept responsibility for and which items you do not accept as your responsibility. If there are some items that you accept responsibility for, you should offer to pay an amount for these and request that the landlord returns the remainder of the deposit. If you do not accept responsibility for any of the items, you should write again, requesting that all of the deposit is returned and stating that you will take further action if the landlord does not comply.
- If negotiation fails, you will need to raise a small-claims action in the Sheriff Court. This is a relatively straightforward and low-cost process although you should be aware that if you lose the case, the Sheriff may order you to pay the landlord's court costs.
