Your student tenants are about to move out. This is the time of year when you look at the state of the property and determine whether you are justified in keeping some of their rent deposit back. It’s best to work with your existing students and not burn your bridges.
The Main Types of Exit Dispute
What types of problem might you come up against with departing students? More often than not, it’s one or more of the following:
- Signs of damage that were not reported regardless of who was responsible
- Student tenants have not maintained the property as agreed – this is more about cleanliness and the state of the property
- Overdue or unpaid rent
Dealing with It Early
It’s best to pre-empt the student tenants by organising a visit to the property before they move out. To minimise disruption, contact them before the exam period to arrange a date for when their exams have finished. While it’s not important to have all the tenants there, you should meet with at least one of them should any problems arise – and as many as possible. This covers you and the students against potential recriminations.
Try to take care of problems between you first and come to mutual agreement. For problems such as damage repair or cleaning services, it’s best to get several quotes from professional services. This will cover you if the students present problems and will be evidence for how much you will be able to deduct from their rental deposit. They may (in the case of basic maintenance and cleaning) offer to do it themselves.
When It All Breaks Down
It should only go to this stage when all other avenues are exhausted. Thankfully, the number of cases that go to court are vanishingly small. But if you simply must, then try for the Small Claims Court first. This is the most cost-effective. It’s also the likely path you’re your student tenants will take if they feel you are being unduly harsh. Costs are low compared for civil court cases and resolutions are usually fast. It will be the end of the line and the court’s decision is generally final – it’s rarely worth pursuing after this.
A Word of Caution
Students today are much more aware of their rights than previous generations. In 2017, a group of students took their previous landlord to court and won the case. The landlord was found to have attempted to claim an excessive amount from their deposit, repainting a tiny area of a wall and claiming for cleaning work that was never carried out. It’s vital to come to an amicable arrangement but to cover yourself fully if it goes to legal.