Landlord keeping my deposit

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I gave my landlord over a months notice and said we were leaving on 30th Sept. We got our keys earlier than expected and have already moved into our bought house. Told the landlord this. The rent is covered until middle of October so she has an empty house for two to three weeks which we thought would allow her to decorate as she wanted.
She said to us today during the inspection she isn't happy because we didn't give her enough notice. If we had told her we were moving out sooner she could have got the place decorated and a new tenant lined up. We explained this wasn't possible as we didn't know when we were getting the keys but the rent paid is covered until middle of October. She wanted to charge us for her losing rent while she didn't have a tenant.

The place was spotless as I cleaned to a high standard. She wanted to get a cleaner in for the carpet which was 90 quid. Fair enough.
When I moved in my dd stained the cream fabric couch. I got a new couch and told her she could keep it when I left. She refused at the time and said she wouldn't charge us as we decorated the living room and put in a new carpet. Today during the inspection she changed her mind and said we should have left her the couch.
We accidently broke the light in the living room and replaced it. She was angry because we didn't keep the broken glass and didn't give her the broken light. She said it needs replacing. I did replace it with a modern light but she's not happy.
The carpet that needs cleaned has a stain and she said she would have to get a new carpet if it can't be removed. I said I wasn't going to pay for a new carpet as I put the carpet that was originally there when I moved in up the loft. She told me she wanted to use it for loft insulation even though it's been rolled up in the loft for seven years.
She called me argumentative when I raised my points with her. I actually feel fuming and surprised I didn't go through her.
Aibu to think she is trying to keep my deposit so she can cover the rent lost due to no current tenant. We gave her the legal amount of notice and paid in full for the month to cover it. She thinks if we told her months earlier she could have got a new tenant in and decorated. It's not our problem is it?

Is your deposit covered by something like the Tenancy Deposit Scheme? If so, you can take it to a dispute and it can be independently adjudicated.

You'd know if it was covered because when you signed all of the documentation you would have got a certificate with proof of protection that tells you what to do if you want to raise a dispute.

Don't all deposits have to be covered by that now?

You must challenge this.

Legally your deposit should have been protected, registered with one of the schemes. Were you told about this? If not, ask her. If it isn't, you can take her to court over it. She can then just decide to put it into the scheme to save having to pay costs for not having done so, but that's good because then the scheme adjudicators will decide. It's not her unilateral decision!

I don't have any legal advice but I've been in the exact situation before.
LL is creating obstacles to try and recoup some of money they'll lose by having a rental gap between reliable tenants.
I'm guessing this is a Private Landlord they're all at it?

Your deposited should be protected. If your landlord hasn't protected it, you can take action against her. Her greed may well shoot her in the foot.

Yes she did say it's in the deposit protection scheme. She said she needs to phone them for paperwork. I don't have any certificates. She said she would call next week but I have a feeling she will take more deposit. She is taking 300 out of 525 quid.

If your deposit isn't in a scheme threaten her with legal action. It is your right.

Please check about the deposit being protected. If it isn't then you are entitled to up to x3 your deposit + plus your deposit back if you take her the small claims court.

I have done this and was awarded the full amount in a similar situation to you.

She can get in trouble for not giving you a copy of the paperwork within 14 days of moving in regardless of it being protected and may still have to pay a penalty for this.

If your deposit is in the scheme you would have received paperwork. It has to be registered within 30 days - I think that's correct but double check. And if it was not registered either on time or at all you can take action against her and claim for 3x's your deposit.

I had this issue with a previous landlord, I rang to confirm that the deposit wasn't held. When I explained the above to him he soon gave us or full deposit back.

Read how to rent on gov.UK

Call round the three deposit schemes to find it. If you do, raise a dispute. If you don't, guidance on shelter site how to sue - you will win, no need for an ambulance chasing lawyer.

You deposit should be covered by the tenancy deposit scheme. You should have got a letter when she registered it you with it.
Log on, state you have moved out. She has 30 days to respond with any costs. They will challenge it on your behalf.
I did this with my landlady. She claimed I owed £70 for various things. I ended up paying £5.

She also tried to charge us for wear and tear to cupboards but she refused. We have rented the place for seven years and she hasn't lifted a finger in that time hence why she wants to decorate now because she's left it all.

Just to add. She doesn't 'have' your money as far as I understand. It's actually held by this scheme.
Contact them and say you don't have the letter from them. They should be able to locate you. And sort everything out.
I just refused to speak to my landlady about things when we moved. Just contacted the scheme and did it all through them.

Go to the relevant deposit scheme site and read how to challenge. You should definitely challenge her; I suspect you'll get most if not all the money back

You can find out if deposit is protected. There are only 3 companies and you can find info on shelter website.

I did this when estate agent tried to blame old landlord saying she had deposit but luckily she had kept paperwork which said they had it.
After 15 mins and 3 phone calls I found it hadn't been protected.

Told estate agent that they had until end of week to repay the £600 or I could claim 3× that amount back as it had gone beyond the time they are meant to repay and they would get fined.
Was in my account same day!

Ffs. The pointless sheeplike anti landlord bleating again. Never hear it when a tenant trashes a place.

Yes, bad landlord. Op just needs to get informed, ten years of law on her side.

Read up on what she is allowed to make deductions for:
www.mydeposits.co.uk/deposit-deductions-what-you-can-and-cant-claim/

The scheme is quite strict and the onus is on her to show her would-be deductions are reasonable. Don't panic, wait for her paperwork then challenge.

Her comments suggest she can't afford a void period but that is 100% her issue. She also cannot claim for anything that goes beyond fair wear and tear so no tarting up the place on your dollar is allowed!

Ffs. The pointless sheeplike anti landlord bleating again.

????

I haven't seen anyone on this thread being anti landlord. Just people giving advice to the OP about her deposit.

I'm a property lawyer; nothing "sheep like" about my advice. Pisses me off when residential landlords take the piss in ways even most commercial landlords don't.

I've helped countless friends and acquaintances successfully fight greedy landlords who try and hang on to deposits for spurious reasons.

(Not saying all landlords are greedy, my last one before we bought was lovely)

Make sure you understand OP, it's not her decision about what gets deducted and what doesn't. It'll be the adjudicator from the scheme, if you challenge it. Ensure you ask her to prove any damage she's claiming, and to prove that whatever the item/fitting is was in good condition when you moved in.

How to check if your deposit was protected (and what to do if it wasn't) england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

Betterment and why the landlord can't claim 'new for old' or for the whole carpet www.sulgraveestates.co.uk/wp-stuff/uploads/Factsheet-Betterment-Principle1.pdf

Dispute, dispite, dispute via the deposit protection scheme that she used - and if she didn't protect it, take her to court for 3x the deposit.

I hope you have taken lots of photos of the property after you moved out with a date stamp to illustrate the state in which you left it. If the landlord hasn't provided you with details of the tenancy deposit scheme for your deposit then that is viewed as a serious breach. Please consider going through the mediation process and consult a solicitor about this to help you with your written submission. You are entitled as a tenant to some fair wear and tear damage as per a PP's link.
We recently went through a similar situation and hit 109% of our deposit back. Good luck OP 🍀

If you've been there 7 years then she can't claim for carpets etc as they are expected to be replaced after that length of time. Ditto decoration.

Ask for the reference of the deposit protection scheme as you both have to agree to releasing the deposit. You simply refuse and raise a dispute with your reasons and proof.

If she doesn't have the deposit in such a scheme,she's automatically in the wrong.