DEPOSITS can be a prickly subject and everyone has a story to tell – but there should be no room for dispute, says Stephanie Caine, who manages the rental department at Royston & Lund in West Bridgford.

She says: "The law is clear but there are grey areas that create disputes between landlords and tenants.

"The purpose of deposits is to protect both landlord and tenant and is a legal requirement for all tenancies where landlords are requesting a deposit.

"Many people don't realise that the amount is a separate and non negotiable sum which must be paid within a timescale prior to occupancy and is in addition to the rental sum agreed.

"The deposit must be registered under the Government scheme for safe keeping or held in a separate fund by the landlord.

"It should remain there to be refunded to the tenant when the tenancy is terminated providing the property is left in good order in accordance with the original signed inventory/schedule of conditions undertaken at the commencement of the tenancy.

"It is best practice for a landlord to go through the inventory with the tenant on the day their tenancy commences to ensure they are in agreement with the contents outlined in the document.

"At the end of any tenancy, the landlord cannot claim for any costs/compensation against a deposit without a signed inventory/schedule of conditions."

Stephanie adds that the rules, quite simply, are as follows:

Make a check list/inventory of all the items in the property.

Document the condition of the walls, floors, woodwork, doors and windows including colours and description of wallpapers/ door designs etc.

Describe curtains/blinds and fitted units.

Record the make and model of any item provided with the property.

Record any scuffs and other marks or damages before commencement of the tenancy.

Gardens – requesting a gardener within the monthly rent is a strong recommendation.

Take photos where appropriate.

Date and record conversations and keep copies of any relevant correspondence.

Make sure any deposit you are holding for an assured shorthold tenancy is registered with a nominated scheme and the tenant is given a certificate of registration.

Stephanie concludes: "Clarifying what is wear and tear and what is damage is the biggest area of dispute.

"It is always wear and tear and very often the small amounts that people battle over.

"This is really a very grey area and people need to be reasonable on what is acceptable here and try to clarify issues at the start of the tenancy to avoid dispute, delays and distress."