What happens if my landlord is trying to make deductions to my deposit, but no inventory was done at the start of the tenancy?
In cases of dispute where the deposit has been protected, the Deposit Protection Service will use an adjudicator to determine whether any deductions are fair. Deductions must be based on damage caused by the tenant, rather than fair wear and tear.
The difference between ‘fair wear and tear’ and ‘damage’
For example, worn carpets are fair wear and tear, but cigarette burns are the fault of the tenant.
The landlord must supply evidence to show that deductions are fair.
In situations where no inventory was carried out, it will be very hard for the landlord to prove that the tenant is at fault, and it is likely that the adjudicator will decide in favour of the tenant.
In situations where the landlord has failed to protect the deposit then the tenant can sue the landlord for up to three times the deposit amount. Your deposit MUST be protected; if it isn’t, you can sue your landlord.
Need legal advice on deposit protection?
Get in touch with one of our expert housing solicitors to find out if we can get your money back.