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Landlord trying to keep deposit

Does my landlord have the right to keep my deposit when I am on a periodic tenancy? The property has been well kept but it has general wear and tear. I have been in the property for 2 years, and 1 of those years has been a periodic tenancy. I gave my months notice last month as I have a new property to move into. The last 6 months in the property I was bombarded with repossession letters due to the landlord not paying the mortgage. This is my reason for leaving the property. I did not feel secure. My landlord came to the property, had a quick look around and them told me afterwards in writing that I am the best tenant he has ever had. Then he came back to the property with a friend if his who will be the new tenant. His friend viewed the property and all was well. Next thing I I recieved a long email from the landlord stating all the reasons he wants to keep my deposit. These are for things like slightly worn carpet, small bit of paint come away, grass too long etc. He is going to try and keep my deposit as he is clearly having financial difficulties. Does he have the right to make deductions or keep it all on a periodic tenancy?

Thank you for taking the time to read. Any advice would be very much appreciated.

Absolutely not. You need to ensure that he has protected your deposit with a registered scheme within 30 days of your tenancy starting. He should also have given you details of where the deposit is protected. If that has not been done then he may be liable to pay you 3x the deposit. Any retention of deposit is agreed between landlord and tenant . General wear and tear should not be a deduction from your deposit. Likewise until you hand back that property it is hard to determine what is deductible as you may hand it back in an immaculate condition.

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Hi Katie, oh no that sounds quite stressful!

Fantastic answer from @Jayne2. I don’t have much more to add!

If the landlord has registered your deposit (and given you the prescribed information about how it is being protected, which they are required to do), then they will not be able to simply keep the money.

You will be able to log into the deposit protection scheme, and initiate a return of your whole deposit back. If the landlord wants to take some (or all) of the money, you will have a chance to dispute this. The deposit scheme’s independent dispute resolution service will then collect evidence from you and the landlord and make a decision.

From what you’ve said, it sounds unlikely the landlord will be successful in making deductions from the deposit for the things you have listed, for the reasons Jayne gave.

If the landlord did not protect the deposit, or serve the prescribed information, then you will be able to begin proceedings against them which could, as Jayne says, end up with you being awarded three times the value of the deposit.

Worth looking into:

Sam