Ask a Law Question, Get an Answer ASAP!
Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.
Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.
A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by the tenants, meaning tenants can’t be held responsible for it.
At the end of the tenancy, tenants have to give the property more or less in a similar condition that they take at the start of the tenancy.
Normal wear and tear refers to gradual damage that you would expect to see in a property over time.
Only if the damage has been caused by tenant abuse or neglect rather than simple wear and tear, and provided Landlord have all the necessary evidence that the damage occurred during their tenancy, i.e. dated pictures of the condition of the property when the tenants moved in, the landlord may be able to successfully claim the amount from the tenant's deposit.
dispute any unauthorised deduction from the deposit with the Administrator of your deposit scheme
If the Landlord still deduct any other costs from your deposit , then you can claim it back via a small claims proceedings
Before starting your court claim, you must send a letter before claim to the Agents for return of your deposit within 14 days .
If they fail to repay you within the given time , then you can initiate your court claim against them.
you can start your court claim online using the below link-
For further information on small claims proceedings click below web link-
You have attached your tenancy agreement.
If any check-in inventory was recorded and agreed at the start of the tenancy?
Can you attach the photos here
Having a detailed and accurate inventory in place can be a big help when it comes to avoiding disputes over damage between tenants and landlords.
If there was no check-in inventory agreed to record the condition of the rented property at the start , then landlord can not say now that tenant has damaged/made the property dirty , not as clean as provided by the Landlord.
With what you have to compare the cleanliness now when check-in inventory was not recorded at the time of handing you possession.
Thus Landlord can not claim anything on the basis of cleanliness , if Landlord do not have a check-in inventory to back his claim.
I hope the position is now clear , what can or can not be deducted from tenancy deposit.
If you need further assistance, please let me know.
Thank you and all the best.
still need to be proved that the desk got damaged by you.
yes, if they try to deduct anything that they should not, then yes you can claim it back using the above web link, using small claims proceedings.
Landlord can hold the tenancy deposit themselves, however If a landlord wishes to hold the deposit themselves, they have to join the TDS Insured Scheme.
Agents /Landlord are legally obliged to provide to their tenants. the following Prescribed Information within 30 days of the agent/landlord receiving the deposit.
The amount of the deposit
The address of the property
The name, address and contact details of the administrator of the tenancy deposit scheme with which the deposit is held
The name, address, and contact details of the landlord and tenants and any third parties who have contributed to the deposit.
From this prescribed information, you can know where the deposit is protected.
If the deposit is not protected , they could be penalized between one and three times the amount of the deposit.
Under S213-214 of the Housing Act 2004 (non-compliance with the Tenancy Deposit Scheme)'.
Many thanks and all the best.
Please find attached template letter.
Many thanks and all the very best.
I am replying to you in your other post.
Check-in inventory shown at the time of check out would be invalid.
Check-in inventory is signed and agreed by both tenant and landlord at the start of the tenancy, not at the time of expiry of tenancy
Thank you and enjoy rest of your day.
Yes, under the Housing Act,
Thank you .
You would have to send it via recorded delivery and retain all the proof of postage.