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Property Advice

COVID-19: Tenancy Deposit Guide

As the COVID-19 pandemic continues to affect us all, many tenants, letting agents and landlords may be in the dark around issues concerning their tenancy at various stages. As a result, we’ve decided to shed some light on this for our users and those who may seek value in it. 

Thanks to our friends over at the Tenancy Deposit Scheme for providing their expert, impartial advice. 

Pre-Tenancy

I am a tenant who is about to move-in without a check-in/inventory run, how can I best deal with this?

  • Without the ability to have a re-move inventory or clean, we advise tenants to work with landlords to have a written record of issues on photo/video so that it is not held against you on checkout. We advise that all correspondence is done via email to maintain a trail for future reference. 

I am signing a tenancy agreement for a future date but am currently out of work so unable to afford a deposit, what can I do?

  • If you are unable to currently afford a deposit, you can work with the landlord to agree to pay the deposit at a later date. Alternatively, it may be possible to pay the deposit in instalments with the landlord having to protect the deposit for 30 days within receiving it. 

Mid-Tenancy

I am unable to pay this month’s rent, can this be taken away from my deposit instead?

  • Unfortunately in this instance, it would not be possible to use your deposit against any rent due until the end-of-tenancy process. 
  • According to the law, it is only possible to use your deposit against your rent once a record of rent payments have taken place, after which any outstanding unpaid rent would be able to come out of your deposit.

I have lost my job, what does this mean for my tenancy?

  • Should this unfortunate event occur, you  should work together with your landlord to establish a rent reduction or an affordable repayment plan. 
  • Under the government guidelines, the landlord is unable to use your deposit for the rent. It is only possible to use the deposit to pay arrears once the tenancy agreement has come to an end. 

I am a student who is about to leave a rented property, do I have to pay rent?

  • You will have to pay rent if you are still under contractual obligation. The only time this is not needed is if you reach an agreement with the landlord that it is no longer due, or to end the tenancy early with no further obligation to financially cover the remainder of the tenancy agreement. 

Post-Tenancy

My tenancy is about to end during self-isolation

  • During this period, landlords and agents are expected to work alongside tenants to navigate through these problems. A suggestion includes:
    • Tenants doing a video call and a virtual walk-around

My tenants are moving-out during self-isolation

  • During the pandemic, it may be more sensible to give a maximum of 4 weeks from the end of tenancy date for the delivery of a check-out report.
  • Landlords and agents are advised to maintain an email trail advising the tenant that a check-out inspection will be unable to take place immediately, therefore delaying the return of their deposit. 

My tenancy agreement ends during isolation, how do I best navigate this?

  • Normally, a check-out report should be completed as close to the tenancy date as possible, and to avoid any doubts about cleaning or damage being caused by anyone other than the tenant (for example, contractors or prospective tenants). During the pandemic, it may be more sensible to give more time (up to 4 weeks from the end of tenancy date) for the delivery of a check-out report in order for any traces of the virus to die out before the check-out is conducted. However, this will delay the return of your deposit, and may make it difficult to ascertain the source of any damage found on check-out.
  • For this reason, we suggest that tenants offer a thorough video walk-around of the property as close to the end of the tenancy as possible to provide documentation of the state of the property on checkout, and to expedite the return of your deposit.

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