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What can a landlord deduct from a deposit?

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Pancake1302
Pancake1302 Posts: 8 Forumite
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in House buying, renting & selling
Can a landlord deduct from a deposit for alleged breach of tenancy agreement when there is no loss to them from the breach?

Based in Scotland.

Thanks.
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Pancake1302 wrote: »
    Can a landlord deduct from a deposit for alleged breach of tenancy agreement when there is no loss to them from the breach?

    Based in Scotland.

    Thanks.

    Landlords can deduct money from the deposit for:

    damage you, as a tenant, may do to the property
    cleaning bills if you have left the property in poor condition
    bills that are left unpaid, for example fuel or telephone bills
    any unpaid rent.

    Not paying rent would be a breach of the tenancy agreement and the landlord could deduct money for that but if the landlord hasn't suffered a loss due to a breach then it's unlikely money can be deducted.

    What was the breach?
  • saajan_12
    saajan_12 Posts: 3,631 Forumite
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    Deposit is for LL's losses as a result of tenant's breaches or failure to fulfill their obligations from the agreement. This includes property damage, unpaid rent, agreed charges (e.g. late fees/checkout fees etc)...

    What is the alleged breach and what are they intending to deduct?
  • AvocadosBeforeMortgages
    AvocadosBeforeMortgages Posts: 44 Forumite
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    What's the breach and how much are they trying to deduct, and on what grounds?

    Almost on principle, however, I'd dispute it via the deposit protection scheme it was registered with (was it protected?) and if it's something like you've kept a goldfish in a no pets flat and there's no damage, you'll get your full deposit back.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pixie5740 wrote: »
    Landlords can deduct money from the deposit for:

    damage you, as a tenant, may do to the property
    cleaning bills if you have left the property in poor condition
    bills that are left unpaid, for example fuel or telephone bills
    any unpaid rent.

    Not paying rent would be a breach of the tenancy agreement and the landlord could deduct money for that but if the landlord hasn't suffered a loss due to a breach then it's unlikely money can be deducted.

    What was the breach?
    I'd still argue the toss on this one, 9/10 the bills are unpaid when tenancy ends, but are paid shortly thereafter - final bill only arrives 3-5 days after the tenancy ends
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Comms69 wrote: »
    I'd still argue the toss on this one, 9/10 the bills are unpaid when tenancy ends, but are paid shortly thereafter - final bill only arrives 3-5 days after the tenancy ends

    That depends on whose name(s) the bills are in.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pixie5740 wrote: »
    That depends on whose name(s) the bills are in.


    Ye I suppose so, but if they're in the LLs name, I'd question why the tenant was paying them (CTL etc.)
  • saajan_12
    saajan_12 Posts: 3,631 Forumite
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    Pixie5740 wrote: »
    bills that are left unpaid, for example fuel or telephone bills
    Comms69 wrote: »
    I'd still argue the toss on this one, 9/10 the bills are unpaid when tenancy ends, but are paid shortly thereafter - final bill only arrives 3-5 days after the tenancy ends

    Not just a timing issue, unpaid bills in the tenant's name aren't the LL's business, but instead an agreement between the tenant and provider. Possibly if the LL actually suffers a loss due to the tenant's actions e.g. by misreporting the meter readings / dates..
  • buggy_boy
    buggy_boy Posts: 657 Forumite
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    Loads of times tenants give the end date to the council and utilities of the day they start their new tenancy, there can be a few days to a few weeks overlap... Tenants are liable for bills until the tenancy is ended not when they move out. Councils and utility companies will seek the money from the landlord (especially councils) then it does become the landlords problem...


    Think we really need to know what the breach was and how much they are deducting. Seems a bit of a loaded question from someone with just one post...
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    buggy_boy wrote: »
    Loads of times tenants give the end date to the council and utilities of the day they start their new tenancy, there can be a few days to a few weeks overlap... Tenants are liable for bills until the tenancy is ended not when they move out. Councils and utility companies will seek the money from the landlord (especially councils) then it does become the landlords problem...


    Think we really need to know what the breach was and how much they are deducting. Seems a bit of a loaded question from someone with just one post...
    Actually the council tax issue is more complex. Tenants on a SPT are not liable for C Tax once they vacate.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    buggy_boy wrote: »

    Think we really need to know what the breach was and how much they are deducting. Seems a bit of a loaded question from someone with just one post...

    If I was a gambling Pixie I would put money on the tenant having a pet.
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