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Landlord overcalcuted the deposit

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Author Topic: Landlord overcalcuted the deposit  (Read 106 times)
Newbie
Posts: 3

I like property

« on: August 12, 2021, 11:55:57 AM »

Things have got very ugly with my former landlord following us not renewing our AST which we did politely and let them know well in advance of the expiry but they went ballistic.

They are making some pretty outrageous claims on the deposit (saying we didn't use professional cleaners when we did and can prove it) saying our dog damaged their garden (we kept the garden nice and don't even have a dog, another of their tenants ni a different property does and they are getting us mixed up but doesn't seem to care when this is pointed out to them).  Put bluntly it is absolute madness and my patience is gone. I always expect to lose a bit on the deposit no matter how well I have taken care of the place and don't mind reasonable deductions but this is nuts.    They have also kept an over payment I stupidly made in respect of rent which isn't making me have any sympathy towards them.

We will of course dispute the deposit deductions via the TDS but yesterday when looking through everything I noticed that the landlord slightly (and only very slightly, think a couple of pence) overestimated the 5 weeks deposit.  I have read that if there is any prohibited payment (and there doesn't seem to be a minimum) that I can claim at the very least the full deposit back and maybe up to 3 times (I highly doubt the court would order anything over than the minimum in such circumstances). 

I would never usually dream of recovering my deposit in such a way in usual circumstances but my patience has been tested to the extreme and now broken by this landlord that I am considering this. 

is it correct that being even just a penny over the maximum permitted deposit is sufficient to claim back the full deposit? 
Global Moderator
Hero Member
Posts: 555

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« Reply #1 on: August 12, 2021, 06:29:46 PM »

Don't try to out-petty your landlord: nobody wins that game. How sure are you of your calculations anyway?
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #2 on: August 12, 2021, 08:42:50 PM »

I have read that if there is any prohibited payment (and there doesn't seem to be a minimum) that I can claim at the very least the full deposit back and maybe up to 3 times (I highly doubt the court would order anything over than the minimum in such circumstances).

Where have you read this, and are you sure you're looking at the right thing? My understanding has always been that, yes, there is a Deposit cap and breaking this is considered "illegal"... but any enforcement would be considered a civil matter. I, myself, have not read anything on this topic other than the definite ban and the very less definite idea of enforcement (all kinda woolly really). I would be grateful if you could provide a source and we can assess along with you.
Full Member
Posts: 165

I like property

« Reply #3 on: August 13, 2021, 03:28:53 PM »

I've certainly never heard of this being a reason to get the full deposit back.

But by all means share the source so we can assess the validity.
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