Landlord has made a deduction from my deposit, how legal is it?

greatcrested

AdrianC said:

badgermog said:

Yes, I will go through the deposit protection scheme's dispute process if I can't get my landlord to refund me anything here.

No, just do it FIRST.

Just out of interest, does anyone know if it is a breach of the Housing Act 2004 to not supply the tenant with confirmation of the deposit being protected, regardless of whether or not a scheme was used? It just feels wrong that a landlord can choose what deductions to make without agreeing anything with either the DPS or tenant, and then just chance it to see if he can keep some money.

I wish I had known more about this DPS thing when moving in, I would have been a lot more careful to get all the necessary paperwork!

If he did not provide you with the prescribed information within the first 30 days of your tenancy, then he cannot claim one single penny of your deposit, even if you leave the place a smoking ruin.

https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

(But he can still go after you for any damages through the courts)

Have to correct you there Adrian.

Failing to provide the PI does not give the tenant a 'get out of jail free' card regarding damage. The LL can still claim the cost of damage, either via a deduction from the deposit or via the small claims court.

What it does mean is that the tenant can claim the penalty (up to 3 times the deposit, but usually closer to 1 times if the deposit itself was protected) for the failure to prvide the PI. The penalty is entirely separate from return of the deposit itself.

badgermog

greatcrested said:

AdrianC said:

badgermog said:

Yes, I will go through the deposit protection scheme's dispute process if I can't get my landlord to refund me anything here.

No, just do it FIRST.

Just out of interest, does anyone know if it is a breach of the Housing Act 2004 to not supply the tenant with confirmation of the deposit being protected, regardless of whether or not a scheme was used? It just feels wrong that a landlord can choose what deductions to make without agreeing anything with either the DPS or tenant, and then just chance it to see if he can keep some money.

I wish I had known more about this DPS thing when moving in, I would have been a lot more careful to get all the necessary paperwork!

If he did not provide you with the prescribed information within the first 30 days of your tenancy, then he cannot claim one single penny of your deposit, even if you leave the place a smoking ruin.

https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

(But he can still go after you for any damages through the courts)

Have to correct you there Adrian.

Failing to provide the PI does not give the tenant a 'get out of jail free' card regarding damage. The LL can still claim the cost of damage, either via a deduction from the deposit or via the small claims court.

What it does mean is that the tenant can claim the penalty (up to 3 times the deposit, but usually closer to 1 times if the deposit itself was protected) for the failure to prvide the PI. The penalty is entirely separate from return of the deposit itself.

That would certainly make sense seeing as that's exactly what security deposits are for. If I had smashed the place up on my way out then I should think the landlord is entitled to take appropriate money from the deposit to cover it! I would also guess that the penalty for non-compliance with deposit rules are a separate issue as they are designed to remedy a separate issue? (ie. as an incentive for landlords to comply and therefore let protection schemes deal with these things instead of clogging up the courts?)

At this point for myself, all I want is for the landlord to evidence his deductions appropriately and not make any gratuitous ones. It felt pretty underhand the way it was implied I would get my whole deposit back for several weeks, he sent me a message saying he would return it, and then I get half of it back.