Dosh Dilemma: Amy's landlord has kept her deposit, can she get it back?

Amy has moved out of her rented home, but there is one problem, her landlord has decided to keep £800 of her deposit.

The landlord says the money is needed to pay for cleaning, repairs and replacing part of the carpet.

Amy doesn't think the deductions are fair. The property wasn't perfect when she moved in, and she believes some of the problems are simply normal wear and tear.

So, can her landlord keep her money?

What can a landlord take from a deposit?

A landlord can usually take money from a deposit if a tenant has caused damage, owes rent or hasn't followed the terms of their tenancy.

But, they can't simply charge whatever they like. If Amy thinks the deductions are unfair, she can challenge them.

In England, most private tenancy deposits must be protected in a government-approved deposit scheme. The three main schemes are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme.

What should Amy do?

Ask for a breakdown

Amy should ask her landlord to explain exactly what the deductions are for and how much each one costs.

She can also ask for evidence, such as photographs, receipts or invoices.

Check the condition of the property

Amy should compare the landlord's claims with the inventory and photographs from when she moved in.

Her own photographs from when she moved out could also help show the condition of the property.

Remember normal wear and tear

Things naturally get worn over time. A landlord shouldn't normally expect a tenant to pay the full cost of replacing something simply because it has become old or worn.

The age and condition of an item should be taken into account when deciding whether a deduction is fair.

Challenge unfair deductions

If Amy and her landlord can't agree, she may be able to use the free dispute resolution service offered by her deposit protection scheme.

Both sides can provide evidence and the scheme will make a decision.

Check where the deposit is protected

If Amy isn't sure which scheme holds her deposit, she can check with the approved schemes.

Her landlord should also have given her information about where the deposit is protected and how to challenge a deduction.

If the deposit wasn't protected when it should have been, Amy may have other options. She could seek advice from Citizens Advice or another suitable adviser.

How can renters protect their deposit?

A little preparation can make a big difference.

When moving into a rented property, take dated photographs of each room and make a note of any existing damage. Keep a copy of the inventory and report problems to the landlord in writing.

Do the same when moving out. Take photographs after cleaning the property and keep copies of emails, messages and other paperwork.

That way, if there is a dispute, you have evidence to support your case.

Amy doesn't necessarily have to accept the £800 deduction. If she thinks it’s unfair, she should ask for evidence, check her own records and challenge the deduction through her deposit protection scheme.