The modern rental property is working harder than ever, with millions of people adopting remote or hybrid work patterns in the last five years and spending more time at home. This increased usage isn’t unreasonable: it’s reality. But under current rules, tenants are being penalised for “damage” that’s normal use, whilst landlords are absorbing more frequent replacement costs. Propertymark emphasises the importance of understanding fair wear and tear and applying it appropriately to avoid misunderstanding, confusion, and disputes.

Propertymark works to ensure our members understand the full extent of their legal obligations, and for letting agents this includes tenancy deposit protection. The Siddeeq v Alaian court case highlighted concerns about how and when prescribed information must be served, and with the implementation of the Renters’ Rights Bill on the horizon, it’s a relevant reminder that agents must be precise and compliant when dealing with tenancy deposits in England and Wales.

The UK Government has proposed to ban upfront payments of more than two months’ rent, claiming this will crack down on discrimination against lower-income renters by unscrupulous landlords. Propertymark has challenged this position, stating that a one-size-fits-all approach will end up blocking access to the private rented sector (PRS) for some tenants.

A survey of 1,500 UK renters has revealed that three in ten tenancies do not benefit from a property inventory, leaving agents, landlords, and tenants more vulnerable to costly disputes further down the line.

Lettings agents must protect the interests of landlords, tenants, and their agencies, so understanding the basics of deposit protection is key and knowing the do’s and don’ts will help minimise disputes and reduce the risk of costly penalties.

Propertymark continues to assert there is no advantage to introducing rent controls and urges Scottish Ministers to properly evaluate the evidence both from UK and across the world. Whilst formulating our response to the most recent engagement questionnaire we hosted a roundtable with members and Scottish Government officials where the strength of feeling from agents was clearly communicated.

Letting agents and landlords will be familiar with this phrase, however grasping the meaning and recognising the limits of this term can often be a disputed topic, particularly when making a deposit deduction.

Among the top sources of conflict at the end of a tenancy is cleaning, which accounts for the majority of disputes between tenants and landlords, a substantial 56% of all cases across the UK.

During the winter months, gardens and external areas of properties can begin to suffer, leading to disputes between agents, tenants and landlords. Dispute calls are typically at their highest this time of year, so ensuring all your paperwork is in order is even more critical.

Any lettings portfolio should receive ongoing care and maintenance. A disorganised portfolio, weighed down by junk data, loose ends or lax processes enabling wrongdoing, can disrupt the flow of operations, reduce productivity, expose the business to risk and add unnecessary pressure on agents.

According to insight from the Tenancy Deposit Scheme’s (TDS) 2022 Statistical Briefing, end of tenancy deposit disputes has shown an increase over the past year; however, the overall figures are still low.

Annually, Propertymark PPD (Principal, Partner or Director) members have to submit a Client Money Examination Report to be inspected as part of their membership, and for every company, they are legally responsible.

Letting agents should be aware of the financial implications of failing to deregister tenant deposits after Propertymark reveals it is the most common cause of accounting discrepancies among its membership.

The UK Government has proposed some key changes to the PRS, outlined in the Fairer Renting White paper with pet ownership to become more accessible for tenants. With just 7 per cent of properties stating they are ‘pet friendly’, there are ways to reduce the likelihood of deposit disputes.