Landlord Wont Return Deposit - UK?

Question

Is there anything I can do? He says the carpets are stained, and complains that a freezer we brought has marked the lino. We have been there for nearly a year and kept things clean as best we could. Do I have any rights or will he be able to keep my deposit?

Answer 1

No, he doesn't have a right to keep it, but it is very unlikely you will get your money back. He can keep back a "reasonable amount" to repair damage, in theory, but a lot of landlords simply keep the whole lot whenver a tenant moves out. I have been told twice by different rental companies that I should simply regard a deposit as non-refundable (and we're talking over £1500 here!) - even though I am a decent tenant and have never caused great swathes of damage! It's a very grey area, what counts as "reasonable wear and tear" - and the landlord can claim they need to entirely re-decorate every time a tenant leaves a property. Even if they never actually do it.

You can try taking your problem to a small claims court, but bear in mind it all may end up costing you more than your deposit is worth.

There's been plans (it got some publicity from the Citizen's Advice Bureau) to change the law so a tenant did have a right to get their deposit back if there was no reason for a landlord to hold it, but this hasn't got anywhere yet. It's a big problem in the UK.

Answer 2

Don't think you will have much chance but take advice from someone anyway. A deposit or bond as they call it is exactly for what he is retaining back your deposit, when you signed up for the lease an infantry should have taken place whereby the landlord and/or yourself checks the accommodation and furnishings and lists everything down which is already damaged or stained, then upon leaving it is checked again and should there be any damages or items missing then the landlord is within his right to keep your bond as payment for those damages. You could always offer to clean the stains from the carpet but if you have damaged the lino then not sure where you stand.

Answer 3

If the deposit is anything less than £1000 then there's not really much point going to small claims as it will cost you dearly and you can only claim a small fixed cost. He must provide you with invoices for any work he has done to show exactly how he has used your deposit. He cannot replace the carpet at full cost to you (and unless it is stained beyond repair, not at all). And replacing a section of lino will not be that expensive.

It may be tricky getting your money as without going to court it will be hard work. Try your local CAB, or if you rented through an agent, speak to them.

Good luck!

Answer 4

yes he has rights to keep the deposit. A land lord can keep the deposit, if the carpet is stained. I've known a landlord where the tenants that had pet, the landlord can blacklight the carpet and by law keep deposits if a stain (even a dribble) is found. Carpet replacement is expensive. I've had to replace carpet that tenants stained. If you marred the lino and carpet, it is well within his rights to retain all and sue for damages if the damage goes above the deposit amount.

The keywords "as best you could" doesn't mean squat, in terms of a business transaction for tenancy.

I had a tenant decide to use the basement as their dumpster rather then putting garbage on the curb on Monday mornings.
I retained their deposit in full for damages and neglect to my property. My cleanup costs where $3500 above the amount of the deposit. I took them to court. They skipped town.

Answer 5

If the carpets are stained he can deduct the cleaning cost, If the lino is damaged.......But you would expect that? nobody loves a landlord and some tenants are animals!
You can have a carpet fully cleaned for £25 just get it talked through and be fair!
He can only claim for damage and rent arrears not keep the deposit because there was damage
Landlord

Answer 6

He can keep any money required to make good any damage you have caused - thus he can clean or replace the carpet and repair or replace the lino but any remaining amount must be refunded... small claims court is the best way to deal with it.

Answer 7

Yes of course you have rights.In fact speaking as a landlord you have more rights than the landlord.Ask him for photographic evidence and copies of any invoices of monies spent in bringing the property back to what he considers to be a reasonable condition.When or rather IF you get any evidence to that effect then check it out.If you consider that he's quite simply conning you then inform him in writing that you now intend to seek legal advice.Keep copies of everything you send and receive and contact a lawyer.It shouldn't cost you anything and one final piece of advice.Never never under any circumstances rent from a private landlord .Always go through a well known property letting agency.Not all private landlords are rogues but unfortunately very many of them certainly are

Answer 8

I am a lawyer. You can pursue this in the small claims court yourself. Do not be afraid to argue your case if you feel what has been taken is unreaonsble and/or is not part of the contract you signed. You can collect a pack from your local County Court. District Judges are usually sympathetic to people acting in person and will be able to deal with your case appropriately if you give a clear account of your complaint.

Answer 9

The problem is that it's mainly subjective in terms of determining what gets returned or not with regards to deposits. Possibly contact your local trading standards and if they're not able to advise you, they should be able to tell you where to go next. You could also contact your citizens advice bureau.

Answer 10

I had similar problem, we went to citizens advice bureau and they advised us to inform him that if he didnt return it we were going to take him to court. That worked and he paid up! You are allowed wear and tear, did you keep a list of marks, rips, stains etc when you moved in as this is the best way to prove it wasnt you. Good luck!