When can the landlord take money out of my deposit ?

The deposit belongs to you and should be returned to you unless your landlord can show s/he has suffered a financial loss. Your landlord can make reasonable deductions from the deposit for:

* damage to the property

* unpaid rent

* missing items

* cleaning

Even if your landlord has a valid reason for keeping part of your deposit the rest of it should be returned. And you can ask to be shown receipts or estimates for items that have been deducted from your deposit.

Your landlord may try to withhold some or all of your deposit for a different reason such as because you had a noisy party when your contract stated you could not. This sort of thing is not legal. Landlords can only claim for any financial loss they have actually suffered.

Your landlord cannot normally deduct costs for re-letting the property such as advertising or agency fees. This would only be possible if you left your tenancy without ending it properly.

Can I be charged for cleaning ?

Tenancy agreements often state that carpets and curtains must be cleaned to a professional standard before the tenant moves out. This does not mean that they have to be as clean or cleaner than when you moved in.

What if I've damaged something ?

Your landlord can only deduct as much as is needed to repair or replace what you have damaged on a 'like for like' basis. So, if you break an old armchair, you shouldn't have to pay for a brand new one. As with cleaning, you should not be penalised for normal wear and tear.

What counts as normal wear and tear ?

Your landlord cannot keep your deposit because of general wear and tear to the condition of the property. For instance, if the carpet gets a bit worn out, it's probably wear and tear, but if you burn a hole in it, it's not.

The amount of wear and tear it is normal to expect depends on the condition of the property when you moved in and the length of time you lived there. If you think you are likely to have problems it may be worth taking photos or getting a witnessS as early as possible in your tenancy.

What if I owe the landlord rent ?

If you still owe rent when you leave, your landlord is entitled to deduct this from your deposit. If you owe more than the value of your deposit your landlord can take you to court to get the rest of the money back.

If you are thinking of withholding the last month's rent in case the landlord refuses to return the deposit, bear in mind that you are legally liable to pay rent and your landlord could take you to court to recover it.

If you do withhold the last month's rent, make sure your landlord would have no other claim to your deposit. Repair any damage that may have occurred and be sure to keep records to show the condition you leave the property in and anything you have paid for such as cleaning. Keep the money in a separate bank account in case your landlord does try to claim it back.