Can I use my deposit to pay for rent arrears?

Hi, I have recently vacated a property which i was using for short term furnished lets. The landlord was aware of what I was using it for and we had a contract in place. I was supposed to remove my possessions by 12th of Dec but could only get around to this until 15th for which the landlord is looking for rent arrears. He may be entitled to this but I think this should be taken from the deposit, but he is insisting this be paid first before he lets me take my furniture and is then contesting all of the deposit after the arrears are paid. Can he do this? In my view any arrears or damages caused has to be taken from the deposit, regardless of if this covers all costs or not?

Public Answer

Thank you for your enquiry.

If you had a Tenancy Agreement in place, your deposit should have been protected under a Deposit Protection Scheme (DPS). Any disputes in relation to the deposit should be resolved through this arrangement first.

Your agreement should explain the process and consequences for moving out after the agreed date or end of the tenancy. As any arrears are unrelated to the deposit itself, it is likely that it would only be taken from the deposit with the agreement of the landlord.

For more information you can also call us on 02039 599123 or contact us here.

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