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Dispute with the deposit

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170 views 1 replies latest reply: 06 June 2016

Hi there,

I rented a room to share a house with the landlord for 3 months.

When I left he decided to charge me 150 pounds because of a stain on the carpet and a damage on the thermostat of the radiator (I disagree with these damages) He did not send me any proof.

I did not know he had to protect my deposit until now, so I guess it was not protected.

I requested the receipts by mail and he sent a document to my email I really think is a fake invoice: the date on it is before to the date he told me he had to ask the prices and it has very few details.

What can I do next?

I know it is not such a big amount of money, but I do not like people like these to be renting and lying tenants.

Thanks a lot

Service provider


Only assured shorthold tenancy deposits are required to be protected. If your landlord was living in the same property, it cannot be an AST. Lodger’s deposits are not protected.

However, the landlord may only retain part of your deposit if he can prove that you caused the damage. This would require independent check-in and check-out reports and you would need to be offered the opportunity to be present during the checks.

Even with the reports, he would only be able to charge for the reasonable cost of cleaning the stain, not for cleaning all of the carpets. The thermostat may well be fair wear and tear, rather than damage caused by you.

Receipts alone are not enough, as they don’t prove that you caused the damage.

I suggest you initially ask in writing (email is fine) for copies of the check-in and check-out reports.  See what he provides, don’t tell him beforehand that they need to be independent or these may miraculously appear, which will be difficult for him to do later if he produces his own first!

If he does not provide independent reports, you can then write a letter before action asking him to return the rest of the deposit. Give him 14 days to reply and then issue a money claim online.  For £150 this will only cost £25 in court fees and the landlord will be ordered to pay this.

The threat of issuing a claim may be enough to make him see sense though.


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