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    • harshitguptaiitr
    • By harshitguptaiitr 15th Sep 17, 10:35 AM
    • 88Posts
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    harshitguptaiitr
    Can landlords charge you more than your deposit when you move out?
    • #1
    • 15th Sep 17, 10:35 AM
    Can landlords charge you more than your deposit when you move out? 15th Sep 17 at 10:35 AM
    Theoretical question -
    Is it possible for landlords to go to small claim courts to force you to pay more than the deposit?

    Note this question is not about landlords protecting deposit, but getting billed on top of the deposit.
Page 1
    • Guest101
    • By Guest101 15th Sep 17, 10:37 AM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    • #2
    • 15th Sep 17, 10:37 AM
    • #2
    • 15th Sep 17, 10:37 AM
    Ofcourse!


    If the deposit is £500 and you damage the property for the value of £1,000, what do you expect will happen!
    • Narkynewt
    • By Narkynewt 15th Sep 17, 10:40 AM
    • 118 Posts
    • 23 Thanks
    Narkynewt
    • #3
    • 15th Sep 17, 10:40 AM
    • #3
    • 15th Sep 17, 10:40 AM
    99.9% of contracts will stipulate that if you cause damage to a property you are liable for that damage when you move out. If your deposit doesn't cover the cost of the damage OF COURSE he landlord can get that money back. And rightly so!
    • Guest101
    • By Guest101 15th Sep 17, 10:42 AM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    • #4
    • 15th Sep 17, 10:42 AM
    • #4
    • 15th Sep 17, 10:42 AM
    99.9% of contracts will stipulate that if you cause damage to a property you are liable for that damage when you move out. If your deposit doesn't cover the cost of the damage OF COURSE he landlord can get that money back. And rightly so!
    Originally posted by Narkynewt


    It literally makes no difference if the contract doesn't say it. If you damage property, you are liable, that is basic liability law.


    I think you are confused in that a tenancy must say that the deposit can be used to cover damages. But the LL always has the option of court action.
    • tom9980
    • By tom9980 15th Sep 17, 10:43 AM
    • 1,233 Posts
    • 3,704 Thanks
    tom9980
    • #5
    • 15th Sep 17, 10:43 AM
    • #5
    • 15th Sep 17, 10:43 AM
    Theoretical question -
    Is it possible for landlords to go to small claim courts to force you to pay more than the deposit?

    Note this question is not about landlords protecting deposit, but getting billed on top of the deposit.
    Originally posted by harshitguptaiitr
    Yes and indeed i did just that last month.
    “In order to change, we must be sick and tired of being sick and tired.”
    • G_M
    • By G_M 15th Sep 17, 11:06 AM
    • 41,978 Posts
    • 48,590 Thanks
    G_M
    • #6
    • 15th Sep 17, 11:06 AM
    • #6
    • 15th Sep 17, 11:06 AM
    99.9% of contracts will stipulate that if you cause damage to a property you are liable for that damage when you move out. If your deposit doesn't cover the cost of the damage OF COURSE he landlord can get that money back. And rightly so!
    Originally posted by Narkynewt
    If a deposit is taken (there's no legal requirement for a deposit at all) then the contract must specify what it is for.

    But that is completely different to a tenant's legal liability for damage, rent arrears or theft of contents etc. To enforce that liability a landlord can either use the deposit (provided the contract allows that) and/or go to court. That does not have to be specified in the contract.
    • steampowered
    • By steampowered 15th Sep 17, 11:27 AM
    • 1,906 Posts
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    steampowered
    • #7
    • 15th Sep 17, 11:27 AM
    • #7
    • 15th Sep 17, 11:27 AM
    This is very possible.

    Although in reality, if the Defendant refuses to pay the court award, it can sometimes be difficult to actually enforce the award.
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