The Purpose Of The Tenancy Deposit Scheme

If you rent your home, it is normal for your landlord to require a deposit under the Tenancy Deposit Scheme (TDS). The purpose of such a deposit is to cover any damage that you may cause to the landlord’s property during your tenancy. Such damage could be accidental, or could even be wilful, but at least the landlord has the opportunity to cover the cost of some repairs.

However, the money which is the deposit remains yours, as the tenant, until your tenancy is terminated either as a result of the limit of the tenancy, because you decide to move on, or because the landlord terminates the tenancy on grounds of your behaviour.

Even if you have caused wilful damage, the landlord cannot automatically deduct any money from your deposit without your approval. If he claims damages you are entitled to a hearing under the TDS, and this costs you nothing. It is free. Arbitrators will look at the circumstances and decide whether the landlord is right to claim part, or all, of the deposit to cover his expenses in putting right any damage.

Many landlords, or their managing agents, today use an end of tenancy app which they can download to a smartphone and which allows inventory to be taken by an inventory clerk simply walking around the premises and making notes as he or she goes. The results are then compared with a similar inventory that was taken a day or so before you moved in.

The end of tenancy app enables the landlord or his managing agents to make a comparison of the state of the property over the period of time during which you were the tenant, and makes it a simple matter to note any damages caused by you. It also allows for fair wear and tear.

This would appear to be a simple and fair method for both landlord and tenant and was the way in which it was designed. The landlord cannot charge you for fair wear and tear, and equally, subject to arbitration, can recover costs to which he is legally entitled.