Deposit drama
Question
I've just completed the tenancy on a property. My landlord has retained all of my deposit and there are certain parts of his decision that I strongly disagree with. He has charged me nearly £60 for 'checking out' the property before I left. Is this legal?
Answer
The deposit belongs to you and should be returned to you unless your landlord can show he has suffered a financial loss because of your actions (or inaction). Your landlord can make reasonable deductions from the deposit for:
- damage to the property;
- unpaid rent;
- missing items;
- cleaning.
Even if your landlord has a valid reason for keeping part of your deposit, the rest of it should be returned. Remember, your landlord is only entitled to keep your deposit or ask for more money if he can show that he has lost out financially because of your actions.
You shouldn't be expected to pay for any items to be replaced that are damaged or worn out through normal wear and tear, although obviously if you damaged them yourselves (even accidentally) then you would be liable to pay for them.
Neither should you be expected to pay for a "checking out charge" that your landlord arranged and requested unless, of course, you agreed to this service being provided (either verbally or in writing).
If you believe that your deposit is being withheld unfairly, there are things you can do. You could try to negotiate. If that doesn't work, you can take your landlord to court.
If you can't convince your landlord to give your deposit back, a court can settle the disagreement. The court will look at all the evidence and decide whether or not your landlord should return your deposit.
In your case the court would decide whether it was reasonable for your landlord to withhold money from the deposit and if the amount withheld was reasonable. The county court deals with disputes about deposits. The court procedure is intended to be simple enough to use without needing a solicitor. But, if you want help with the process it would be worth getting some advice.
Similarly, if you don't agree to these extra charges and refuse to pay them your landlord may decide to take court action to recover the money from you. The court would look at all the evidence to decide whether this was a fair charge and whether you should pay it.
Updated: 24/09/2008
Question answered by Shelter
