Hello I am a solicitor with over 15 years experience. I will try to help you with this.
Can you just answer these question and then I should be able to answer your question. Wen did your tenancy start? How long is it for? Have you and your boyfriend both left? Have your brother and his girlfriend simply stepped into the property in your place? Have they paid a deposit to the landlord? Are you and your boyfriend still together? How much is the deposit and was it a joint one or just from you? Is there anything about your brother and his girlfriend that the landlord finds objectionable? Is the landlord saying he wants to hold on to your deposit as a deposit for your brother or that he wants to keep it for himself as punishment for you leaving? Was it held in a deposit guarantee scheme?
tenancy was for six months or a rolling SAT it began in August 2013 and we gave the required two months notice to vacate, which is now up. My brother moved in with us in January 2014 and left when we did. my boyfriend and I have split up. My deposit was 550 pounds from me. The landlord is keeping the deposit soley on the grounds that he feels we have sub-let the spare room without his permission. The deposit is in a guarantee scheme.
Ok so you paid rent up to the date that you notice ended and there were no problems with damage to the property.
Your tenancy deposit is money that belongs to you and should be returned to you unless your landlord can show they have suffered a financial loss during your tenancy.
The landlord is usually responsible for returning your deposit even if you initially pay it to a letting agent acting on their behalf.
Your landlord can make reasonable deductions from the deposit for: damage to the property, missing items, cleaning, unpaid rent.
There is no other lawful reason for the landlord keeping the deposit.
But what to do about this. You can send him a letter perhaps based onthis one.
Return of deposit for
I am writing concerning the deposit I paid for on.
I left the property on
I am not happy that my deposit of has not yet been returned.
As I left the property in good condition, please could you send a cheque for the full amount of my deposit to my current address within 14 days.
If you intend to withhold any money, please send a written breakdown explaining your reasons, itemising and detailing any financial losses you believe you have suffered. Please include copies of any relevant receipts.
I look forward to your reply within fourteen days.
If he fails to respond you will be able to attempt to activate the deposit guarantee scheme’s dispute resolution service or if you prefer or the landlord refuses to take part in that or to accept it’s findings you will need to start a small claim. Follow this link for the government’s site on bringing a small claim.
I hope this answer is helpful but please feel free to ask further questions.
Thanks for your help