I was evicted after complaints from other tenants in a House of Multiple Occupancy.

The landlord refuses to return the deposit. I also received an email from the Tenancy Deposit Scheme (TDS) on 18th December informing me that my tenancy had been ended by the landlord. The TDS was also registered by the landlord 12 days after my contracted started.

I've contacted the TDS, after the landlord refused to talk to me anymore and raised a dispute about the security. The TDS said they will contact the landlord to get his side, and then get my side and that their lawyer(s) would decide what happens to my deposit.

Under what circumstances can the landlord legally retain the security deposit?

  • 1
    I think there's a clear question here now. Calling it legal advice at this point is just magic words. – Studoku Dec 23 '20 at 11:46
  • After the cleanup I agree, though the fact that TDS is involved is kind of relevant @Studoku So added that, because TDS might be acting as arbitrator. – Trish Dec 23 '20 at 14:01

If the tenant and the landlord dispute the amount to be repaid, the amount repaid is arbitrated by the TDS used. This is what is currently happening.

Deductions can be made for costs incurred to the landlord by the actions of the tenant, such as:

  • Unpaid utilities or rent
  • Damage to the property caused directly by the tenant or indirectly by the tenant's poor maintenance
  • Damage to furniture owned by the landlord
  • Cleaning of the property
  • Storage and removal of items left on the property by the tenant

Deductions cannot be made for items that are the landlord's responsibility to maintain. This includes essential appliances and fittings, as well as the exterior of the property.

At this point, your best source of advice is the Citizen's Advice Bureau. They will have more information about how best to handle this dispute.

  • After the TDS said they would take statements from the landlord and tenant, then make a decision, I received an email from the TDS saying: "We have been advised by the landlord that the above tenancy is still ongoing. We are therefore unable to deal with the dispute at this time until the tenancy has come to an end." What action can I take? – myname Feb 23 at 21:07
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    @myname This site is not for personal legal advice. As I included in my answer, CAB may be able to help. – Studoku Feb 23 at 22:26

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