reasons to withhold a deposit

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    #16
    Originally posted by SE_Renter View Post
    My original question was whether it could be deemed reasonable that a landlord unilaterally withhold the entire deposit sum because items were left in the property, not to submit a cost or statement of loss but instead just to completely withhold.
    The answer to that question is "no".

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      #17
      Originally posted by SE_Renter View Post
      Subsequently the landlord has attempted to quantify this "loss" but not until months after the dispute proceedings had commenced and long after any deadline for the submission of evidence.
      Is the landlords assessment of costs credible and does it add up to the whole deposit? If so, despite the lateness of his submission there is probably little redress available to you. If you think its not credible then complain to the deposit scheme that he had it insured with.

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        #18
        His claim amounts to around £200 out of the £1,500 deposit however he retained the full balance. These "costs" were not submitted prior to the matter going to the dispute resolution service with the DPS and only now have they actually been quantified, this coming some 7 weeks after the adjudication was due.

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          #19
          So go back to the DPS and ask what they intend to do

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            #20
            They just say that they’re very behind because of high demand for their services. In truth they appear to be an utterly incompetent bunch so I guess I just continue to wait and stay out of pocket until they finally get around to reaching a judgment

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              #21
              Originally posted by SE_Renter View Post
              His claim amounts to around £200 out of the £1,500 deposit however he retained the full balance. These "costs" were not submitted prior to the matter going to the dispute resolution service with the DPS and only now have they actually been quantified, this coming some 7 weeks after the adjudication was due.
              I think the problem is the un-clarity of your question.

              If the question is "Is the L entitled to withhold some or all of the deposit because the T left a bunch of stuff in the property" then the answer to that is clearly YES (with any normal tenancy agreement) - T is entitled to dispute the actual amount of notional rent lost and notional removal costs

              If the question is "Is the L entitled to withhold all of the £1000 deposit because he feel he is owed £200 of that deposit" -- then the answer is clearly NO. But that is a totally different question and nothing to do with the stuff left in the property at all. It is a trite question akin to asking "Is a shop entitled to charge me £10 for a chocolate when the advertised price is £1".

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                #22
                So the general assertion from everyone is no, the withholding of the full deposit amount is unreasonable and unjustified, unfortunately there doesn’t appear to be anything I can do to remedy the situation other than to wait for the DPS to finally reach their judgment

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                  #23
                  Below is the LL’s response to my request for the return of the deposit in its entirety:

                  “The tenant has left their belongings in the property and I have asked for them to be collected. Once they have been collected I will return the deposit in full.“

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                    #24
                    While the landlord isn't handling this very well, if the tenancy agreement requires vacant possession, the landlord could argue that the tenancy hasn't actually ended and that rent is due.

                    Alternatively, they could claim for loss of rent arising directly from your contractual breach, which could be quite a lot.

                    I'm not sure how far they'd get with either argument, but I think that, as long as neither of you make any attempt to resolve the issue it will just fester and go nowhere.

                    You've dumped a load of furniture on a landlord because you're hacked off his contractors did some damage.
                    Everything since by both of you is just making things worse.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                      #25
                      Originally posted by SE_Renter View Post
                      Below is the LL’s response to my request for the return of the deposit in its entirety:

                      “The tenant has left their belongings in the property and I have asked for them to be collected. Once they have been collected I will return the deposit in full.“
                      Well the landlord's response makes perfect sense to me. There is an ongoing and accumulating loss to him, which cannot yet be quantified. Quite why he wants to return the whole deposit (if you comply) is beyond me -- but he seems to be offering you something for nothing - and you are getting cross quite inappropriately. Perhaps the tenancy has not ended either if your stuff is still there -- on what basis did the tenancy end.

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                        #26
                        The landlord's response may look reasonable, but he has to be careful. He has no lien on the deposit. It is only security for what is owed. He has more or less admitted he is not entitled to keep all of it. Retaining any part to which he is not entitled is theft.

                        Despite the landlord being unreasonable, the OP has the solution in his own hands - collect the furniture.

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