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Please help

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817 views 2 replies latest reply: 04 March 2015

I was in a property for over 4years. I had my partner put on the tenancy agreement and after 7months I found that my partner had the locks changed with permission with the lettings agent (without my knowledge) Being that we had a bad seperation i proceeded to rent another property (i had 6 months left on tenancy on the old property) I phoned them and asked about my deposit and was told on the phone to get written confirmation im no longer in the property and id be taken off the tenancy so i had emailed them. After 2 months of nothing i asked again regarding my exit and deposit return. The lettings agent said there was money owed and as on a joint tenancy i have to still be on it. She said the deposit will be kept in case of damages. 

I havent been in the property for almost 1yr and have had an email stating i owe £1500 for rent not paid and £1200 damages. I have looked at my statements and i paid my half every month apart from the month i was locked out of the property and i have said id pay this (£337.50) She is saying she did a report on damages when i left but only sent me pictures of when the properties tenancy was over and my ex moved out, not when I moved out. She is witholding my deposit of £650. I said id pay for the hallway  damage as i hold my hands up and say with wear and tear it did get damaged the hallway was tiny and shes quoting me £2k for the carpet. 

I have no idea where i stand as I havent been in that property for almost a year. I said take the £337.50 and the £100 quote i had for the hall carpet out of my deposit and keep the difference to settle things. 

Please help me.


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Hi Lou

Can you find out who the agent/landlord has protected your deposit with? It should be held by a deposit protection scheme and it’s them – not the agent or landlord – who has the final say on what can be witheld from the deposit. Find that out and then raise a complaint with the scheme but you will need to do it quickly as they have time limits.

In terms of the money they say you owe, you don’t have to pay for wear and tear just damage so unless the hall carpet is actually damaged they can’t charge you for it. Normally, even if they do they can only charge you for a percentage not the entire cost (depending on how old the carpet is etc). Again, this is something the deposit protection scheme would decide not the agent.

It’s an odd situation to have your name on the tenancy but not be allowed access to the property. Stopping a tenant from accessing certain parts of their home is one of the descriptions of an illegal eviction (more info here). Councils can criminally prosecute landlords who illegally evict, which is something you could point out to the agent. It’s also something you could seek compensation for from the landlord. I’m not sure of the specifics of your situation but if it is an illegal eviction then the landlord won’t have much of a leg to stand on.

I would seek some legal advice if I were you – Shelter are experts when it comes to illegal evictions and you can also visit a local law centre to get some free legal advice. The first step though is to find out who holds your deposit and make contact with them. 



Thanks for your reply. My deposit isn’t in a scheme by the looks of it. Nothing in old tenancy. I shall contact those companies, thanks so much x

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