Deposit Protection Scheme

Deposit Protection Scheme

aYour deposit

When you agree to rent a property, a deposit of five weeks’ rent is required. In most cases, this deposit will be held by Samuel Estates as Stakeholder. Samuel Estates is a member of the Tenancy Deposit Scheme which operates to safeguard your deposit. It also ensures the swift and inexpensive resolution of disputes over the return of the deposit once your tenancy ends.

Further details are available www.tenancydepositscheme.com

Please be aware that in some instances the landlord may wish to hold and register the deposit themselves. If this is the case, we will advise you accordingly.

FAQS

How do I get my tenancy deposit back?

If your deposit is protected with TDS Insured, then your landlord or agent holds your deposit. You should contact them requesting the deposit as soon as possible after your tenancy ends.

If you’re not sure who holds the deposit, check the tenancy agreement and other information you received at the start of the tenancy.

You only need to contact TDS if you have a dispute with your landlord over charges from your deposit.

How long does my landlord have to return my deposit?

Your landlord or agent should return the deposit within ten calendar days of you requesting it.

If you do not receive your deposit within this time frame, talk to your landlord or letting agent first. If you still haven’t received the deposit, you should consider raising a dispute with TDS.

Why might my landlord keep some or all of my deposit?

Your landlord can only deduct money from your deposit if you have broken the terms of your tenancy agreement, leaving the landlord worse off. Common reasons for deductions are:

  • Cleaning
  • Damage
  • Redecoration
  • Unpaid rent

The landlord can only claim to restore themselves to the position they would have been in had you met the terms of your agreement. The average decline in the condition of the property and its contents (“fair wear and tear”) cannot be charged to the tenant. Your landlord must consider the costs before deducting any charges for repairs, redecoration or replacements from your initial deposit.

For example, if you have broken a five-year-old sofa, you should be charged the value of the five-year-old sofa and not the value of a brand new one.

It's been ten days and my landlord/agent has not informed me of any deductions. Does this mean that I should get my full deposit back now?

Some tenancy agreements give timescales for when an agent/landlord should inform a tenant if they want to deduct money from the deposit. These timescales add an element of structure at the end of the tenancy. A tenant is unlikely to get their deposit back by default if they aren’t told within the timeframe specified in their tenancy agreement. You should raise a dispute if the timescale isn’t met.

If there is a dispute, what happens to the deposit?

Once TDS has been asked to address a deposit dispute, the landlord or the agent must send the disputed deposit amount to TDS. This is required by law and failure to do so within ten calendar days of the TDS request may result in the termination of TDS membership. The landlord or letting agent should release any undisputed amount accordingly.

What if the landlord takes money off my deposit?

If your landlord believes they have reason to withhold any amount of your deposit, they should tell you as soon as possible. The parties should discuss the matter to reach an agreement on how to split the deposit. Most disputes are resolved informally in this way. But if your deposit isn’t returned within ten days of requesting it, any of the parties can ask TDS to resolve the dispute.

What happens to the interest on the deposit?

You should check your tenancy agreement as this will tell you what will happen to the interest on your deposit. When a disputed deposit is paid to TDS, no interest is paid.

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What our customers think

  • Adam

    We have been clients of Samuel Estaes for over 10 years now, they have always provided excellent advice followed up by good results.
    I highly recommend.

  • the Villager hair salon

    I have been letting my property through Samuel Estates for many years now. The team are professional, friendly and always make you feel like you are being properly looked after. Highly recommended!

  • Harriet Freer-Smith

    As a private Landlord I have instructed Samuel Estates over many years
    to let my flats in Clapham and Balham. I have always found them to be highly professional, fast to react and extremely helpful.
    I would have no hesitation in recommending Samuel Estates to other landlords.
    I would add that their virtual tour of the properties has been fantastic through covid and resulted in top rents being achieved.
    regards Chris Freer-Smith

  • Steve Humphrey

    I feel compelled to write a review for my lettings agent, Samuel Estates.
    I have been using Samuel Estates for over 16 years now, on a fully managed/ tenant find basis for my buy to let flats in London and I can honestly say they have never let me down.
    They are always friendly, honest, helpful, polite and highly professional in their lettings management business.
    They treat both myself and my tenants with respect and empathy and are very responsive whenever there is an issue to be dealt with.
    This approach leads to happy tenants, many of whom have been in my flats for years at a time.
    Samuel Estates vetting process in sourcing me new tenants whenever necessary is also excellent and in 16 or so years I've never been let down by any of my tenants.
    I cannot fault Samuel Estates for their honesty and professionalism and they always go the extra mile to help me.
    As a customer I feel valued and supported. Both of these things are so important in this day and age.
    Thank you Paul, Chi, Ryan, Stefano and the rest of the team for your care, concern, support and efficiency.

  • Siri1175 JAM

    I have been using Samuel Estates for the last 11 years both as a renter and a landlord. In all that time they have been utterly professional in their approach. They are straight-forward in their approach, prompt with their responses and efficient and effective when managing issues relating to the properties. They have a clear focus on maintaining high standards when managing properties, and take as much care with small matters as well as large.
    I would not hesitate in recommending their services.

  • Kit Tandon

    Samuel Estates have acted as my agents for over 15 years. They have always acted professionally and with integrity. They always give great value and put their customers first. Samuels have always managed to get tenants for me without my property ever being empty. I can't recommend them highly enough. The fact that I have remained with them for this long says everything about them

  • Jacy

    Would highly recommend Samuel estates - Paul and Nick were extremely helpful and went out of their way to help in our home search. Like many agents who I found persistent and didn't listen, Samuel estates were professional and made our experience much easier & tailored to our requirements. I would highly recommend them when considering buying or selling your property.

  • Lulu White

    The best estate agents I have dealt with! The process of renting a new flat has been incredibly smooth thanks to Stefano who has been fantastic. He went out of his way to answer all of our questions and always got back to us quickly. The referencing and signing of agreements etc was very simple and I would recommend Samuel Estates to anyone.

  • Amy Lea

    Thank you so much to Chi for the highly professional and reliable service he has provided for our first move. Whenever we have had an issue, Chi has dealt with this quickly and solved any problems with ease. I would highly recommend his services to anybody. A fantastic service that ensured the smooth transition into our first new home.

  • Jacob Westerman

    Really pleased with the service provided, Stefano did a great job helping me to negotiate the rent, the whole process of moving in was made easy and greatly expedited; with thanks to Stefano, I was able to move in to my new apartment, in less than one week of making my initial offer. I would happily recommend their services to both landlords and prospective tenants.

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London
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London
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