Is There an Alternative to Tenant Deposits?
As part of the new government housing bill, one of the items under
discussion, is capping the size of a deposit to a maximum of 4 or 6 weeks rent.
For many landlords, the current average deposit of 6 weeks can seem
inadequate if your tenant causes significant damage in the property or has
failed to pay their rent.
For many tenants, the cost of moving into a new rental property can be
substantial, on average around £2,000 for their first months’ rent and deposit.
On top of this, if they are moving from an existing rented property, they are
unlikely to receive their deposit back from their previous tenancy, before
having to pay the deposit for their new tenancy.
As a result, a number of schemes have started to emerge that offer
tenants a deposit free option to renting a property... But this is a good thing
for either the landlord or the tenant?
There are a few schemes that have emerged:
1. Tenants Pay an Insurance Rather Than a Deposit
In this instance, the tenant pays either a one-off premium or an annual
premium rather than paying a deposit.
On-off payment schemes are preferable, as there is no need to ensure the tenant has not simply cancelled the policy or failed to renew the policy.
On-off payment schemes are preferable, as there is no need to ensure the tenant has not simply cancelled the policy or failed to renew the policy.
The limits to this are very similar to deposit schemes. The cover is
usually up to 6 or 8 weeks rent, payment is based on evidence provided by the
landlord or their agent, and there is a dispute resolution service should the
tenant and landlord be unable to agree.
However, for the tenant, not only do they pay for this insurance
premium, they also pay for any deductions at the end of the tenancy, and should
they go to dispute and lose, they also pay the cost of an adjudicator.
If the tenant doesn't pay, the insurance company pays any dilapidations to the landlord, and can then pursue the tenant for any unpaid amounts.
If the tenant doesn't pay, the insurance company pays any dilapidations to the landlord, and can then pursue the tenant for any unpaid amounts.
For good tenants, they as a minimum lose their insurance premium
regardless of the way they return the property.
For poor tenants, they could end up paying more than a traditional
deposit, but the landlord still cannot recover anything further without taking
private legal action.
2. Landlords Pay for Insurance
For many landlords, recent and upcoming changes in legislation, have
often meant the costs coming back to the landlord, so understandably, many are
not looking to incur extra costs.
Martin & Co already offer both a rent guarantee insurance and a
legal cover insurance to our landlords.
However, there are a number of schemes emerging now where are landlord can take additional cover for additional damage caused in a property, over and above what can be recovered from a deposit (if this is not already covered by your buildings and contents insurance).
However, there are a number of schemes emerging now where are landlord can take additional cover for additional damage caused in a property, over and above what can be recovered from a deposit (if this is not already covered by your buildings and contents insurance).
This would include damage to the property, unpaid rent or theft by the
tenant, but crucially would have a much higher limit, up to £10,000 compared to
an average deposit of £1,000.
3. The Tenant Joins a Warranty Scheme
In reality, this works in a very similar way to the insurance scheme
above.
The only different is that this tends to be a larger one-off fee, whereas the insurance scheme tends to involve an annual premium. Again, the fee is non-refundable.
The only different is that this tends to be a larger one-off fee, whereas the insurance scheme tends to involve an annual premium. Again, the fee is non-refundable.
When the new housing bill passes into law in 2019, one of the main
criteria will be that tenant cannot be forced to pay any types of fees as
a prerequisite to renting a property, so landlords or their agents will not be
able to insist on one type of scheme over another.
Landlords will obviously be able to take out their own additional
insurance should they wish, but tenants will either have to pay a traditional
deposit as they do today or be offered the choice between an insurance type
scheme and a traditional deposit.
Martin & Co will be looking into offering both extended insurance
for landlords and potentially deposit free options. The latter will only be
offered on tenancies with the landlord’s consent.
Our view is that most of the current schemes, will
ultimately cost the tenant more money in the long run, but for those tenants
who struggle to raise a traditional deposit, or rent a single property for a
long term, this may become an attractive option. Some schemes may also be
deemed illegal under the new housing bill.
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