Worryingly withheld
Question
My flatmates and I left our flat some time ago. Our landlord had increased the rent and we made all the correct arrangements to leave at the end of the lease. On the day we were due to leave our landlord came to the flat and made leaving really difficult. It was clear he wanted to penalise us for something.
Now we've been told we won't get our deposit back because it's been spent on repairs. I thought there might be some repairs that needed doing but nothing that would cost as much as our full deposit. We haven't received a cost breakdown; we've just been told we won't get anything back. Is our landlord allowed to do this? Can we get our money back?
Answer
We are sorry to hear you are having problems getting your deposit back; it can be a difficult situation to be in.
It is your landlord's responsibility to return your deposit and the deposit belongs to you and should be returned to you, unless your landlord can show he has suffered a financial loss. 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 part of it) if he can show that he has lost out financially because of your actions.
If you believe that your deposit is being withheld unfairly there are things you can do to try to get it back. Firstly, you should 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.
Claiming is actually quite straightforward. To start the claim, you will need to get an N1 form. You can get this from your nearest county court or from the Court Service website. When you fill in the claim form, you have to say how much you are claiming and explain your reasons. Give clear details of any costs that have been deducted from your deposit and why you disagree with this.
Before you start the claim at the court, send the completed N1 form to your landlord along with a letter giving your landlord a deadline to respond by if they want to avoid court action. The deadline could be five or seven days.
You should write 'letter before action' at the top of your letter. You could also send your landlord copies of any letters you have already sent that they didn't respond to.
The court procedure is intended to be simple enough to use without needing a solicitor. But you can get help with the process from a local advice agency.
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