can a landlord claim for loss of earnings ?

[carterowl]

hi

any help appreciated

have a new tenant who has moved in but he is having trouble claiming his old bond back

the landlord is trying to withhold bond for having to visit property on 3 occasions after move out as he get asking tenant to tidy different things and wanted to go back and check

tenant does not want to go back again and told him to keep £100 for cleaning carpet again but landlord now wants an extra amount for his loss of earnings for the 3 visits to his own house to inspect

[Snorkerz]

To answer the basic question - no this does not seem reasonable.

Tenant should take the matter up with whichever deposit scheme protected the deposit. If the deposit was not protected then he should accept no deductions and submit a letter long these lines:

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/232265-trouble-landlord-deposit.html

[dominic]

Depends what it says in the TA for the previous property - this usually spells out what the deposit can be applied to. If it says the deposit can be applied to LL's loss of earnings, then prima facie the LL can do as he is demanding.

However, even if there were such a contractual right, it is open for debate whether it would be enforceable. T could argue that it is unfair contrary to the UTCCRs.