Landlords 'need proof' to withhold deposits - buy to let mortgages

10 December 2008

A tenancy deposit protection organisation has warned those with buy to let mortgages that they must have sufficient evidence to justify withholding an occupant's deposit money.

Mydeposit.co.uk, a government-approved protection scheme, has revealed that an increasing amount of landlords are losing money as they do not have enough proof that a tenant has damaged a property.

If an owner cannot supply evidence of damage beyond normal wear and tear or failure to clean, then the protection agency will have to find in favour of the tenant if any disputes arise.

Chairman David Salusbury remarked: "Landlords who genuinely need to withhold a tenant's deposit at the end of a tenancy are able to do so, but they must take some simple steps to show any deductions are justified and proportionate."

Meanwhile, founder of online property resource upad James Davis has noted that those who rent are no longer seen as "second-class" as it is becoming more usual for people to rent rather than buy a home.