This is a question to the blog clinic from Michelle who is a tenant.
Is my landlord able to lease the property to a new tenant, before refunding my deposit?
He stated that he was keeping my deposit to carry out repairs but someone else is living in the property without any said repairs being carried out?
Is he able to do this? Some of the complaints were dust, water marks, fingerprints dirt patches on the grass.
First – he’s not your agent. He acts for your landlord, so he’s the landlord’s agent.
A deduction should not be made from your deposit for something which was never done.
A deposit deduction is supposed to be to compensate the landlord for losses they have suffered due to the tenant breaching the terms of the tenancy agreement (and there needs to be a clause in the tenancy agreement authorising this).
However, if no repair or other work has been done and the property has been re-let at the same or a higher rent, then the landlord has not suffered any loss.
I suggest that you ask for proof of payment of the items claimed – if no receipts are forthcoming, then you should challenge the deductions by applying to your tenancy deposit scheme and asking for adjudication.
You will find instructions on the scheme website on how to do this.