The pet clause in my tenancy agreement (AST) states that the landlord will keep part of my deposit (£300) for an additional 3 months, in case additional flea treatment is needed.

I'm perfectly happy with this arrangement and do not intend to challenge this, but I was wondering if they are legally able to do this.

I've tried to look into this and all I could find on the government's website was:

Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back

Which doesn't really explain whether agreeing that the additional £300 will be repaid 3 months later is legally allowed.

Additionally, as deposits need to be protected by a government-backed tenancy deposit scheme, does that mean that this £300 needs to be protected for an additional 3 months, or is our landlord allowed to just keep this in their bank account as the tenancy has already ended?

  • Not writing an answer since I don't know it for the UK, in switzerland they are allowed to keep deposits until they paid all bills. There are even court cases because landlords sometimes kept deposits for years. – Swizzler Jun 27 '19 at 14:47
  • The question may need to be more precise. "Agreeing that it will be repaid late" is perfectly legal; putting the clause in the agreement is perfectly legal (provided it's made clear). What is uncertain is whether the clause is legally enforceable. And I don't understand the last sentence; tenancy deposit schemes usually keep the deposit until both you and the landlord agree to its return, with the interest split between you, him and the scheme. – Tim Lymington Jun 27 '19 at 14:57
  • I would say that if it takes 3 months to find out if defleaing is needed then how can you agree on an amount until you figure out what the amount is? – A. K. Jun 27 '19 at 17:17
  • @Tim, tenancy deposit schemes keep the full deposit until the amount to be returned is agreed on. In this case, some of it would be returned immediately, whilst the remaining £300 would be returned at a later date. I'm assuming this means the DTS would return our deposit minus £300 to us, and the remaining £300 to the landlord who would hold onto it for an additional 3 months (rather than the DTS keeping the remaining £300, as the tenancy has ended). My question is whether the landlord should protect the remaining £300 for those additional months. – zeb92 Jun 28 '19 at 15:09

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