
Here’s a conversation I had earlier with a friend of mine:
My ex landlord claims he’s paid my deposit, but it’s not gone into my account. Nowhere on my statement. What can I do if he keeps claiming he’s paid it?
Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you’ll get back (after the tenancy has ended, of course).
Objectively speaking, he doesn’t have a legal leg to stand on- so it’s in his best interest to make sure he returns the deposit.
Urgh, I despise asshole Landlords.
I’ve heard enough of these stories to realise it happens way more often than it should.
Landlords’ Legal Responsibility to Protect Tenancy Deposits
Since 6th April 2007, if a tenant pays a deposit in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme.
The scheme was introduced so any disputes that incur over the deposit can be moderated and handled externally by an impartial party (i.e. one of the deposit protection services).
In the past there have been a high number of disputes between landlord and tenant regarding security deposits (e.g. deposits were being withheld unfairly), and that’s precisely why the scheme was so crucially introduced.
What if My Landlord Does Not Comply With Tenancy Deposit Laws?
Landlords who fail to secure a tenant’s deposit can be taken to court and fined up to three times the deposit amount – a relatively easy win for claimants.
Securing the deposit is a legal requirement, and it is the landlord’s responsibility to comply with tenancy deposit legislation.
If you have an assured shorthold tenancy (AST) or an assured periodic tenancy (APT) (as most private renters in the UK do) and believe your landlord is unfairly withholding your deposit, you can take the following steps:
- Step 1: Before taking any further action, try to have a civil conversation with your landlord to reach an agreement. This is the simplest and most effective solution.
- Step 2: Gently remind your landlord that they are legally required to return the deposit within 10 days after the tenancy ends and an agreement has been reached on the amount to be returned.
- Step 3: Speak to your landlord again and firmly remind them that you have yet to receive your deposit. Emphasise that failing to comply could result in penalties of up to three times the deposit amount.
- Step 4: If you’ve reached this point without success, it’s likely your landlord is unwilling to comply with their legal obligations.
Your first step should be to contact the deposit protection scheme where your deposit is secured and follow their dispute resolution process.
If your landlord hasn’t secured the deposit – which is likely in this situation – you can take legal action through a small claims court to seek compensation. This is typically a straightforward and favourable process for tenants.
You can file a small claims court case yourself through the HMRC website. Good luck!
If you prefer a more convenient, hands-off approach, consider using a specialist deposit compensation service like Tenant Angels. They operate on a no win, no fee basis, so it’s a pretty popular service.
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My Landlord Is Making Unfair Deposit Deductions
Your landlord is entitled to make deductions from your deposit, provided they are justified. This may include the following reasons:
- Repairing or replacing missing or damaged items
- End of tenancy cleaning costs
- Repairing damage to the property
- Covering any unpaid rent or bills
However, if you feel your landlord has unfairly deducted too much from your deposit, you can follow a very similar process to the one used when a landlord fails to return a deposit:
- Step 1: Before doing anything else, try to have a civil conversation to reach an agreement. This is by far the easiest and most effective solution.
- Step 2: Contact the deposit protection scheme that is holding your deposit and follow its internal dispute resolution process.
- Step 3: If your landlord has not protected your deposit, you may be able to take legal action through the small claims court to claim compensation. This process is generally straightforward for tenants. All the information you need to make a claim is available on the official GOV.UK website.
Has anyone been in this situation, where your dick-face landlord has held back deposits unfairly? I’d be interested to hear your story…
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
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Hello Kate,
My advice is that I think you're stuffed. Sorry. I can't beleive you'd give someone £200 when they asked for only £100.
I think this might have to go down as a "live and learn" experience.