Lease for a definite period. Disposal of deposit to cover rent.

At the end of the lease period the tenant asked to have the deposit returned. The landlord, on the other hand, argued that one month’s rent was outstanding and stated his intention of using the deposit as payment of the outstanding rent. The tenant reject this and considered that an agreement had been reached by which he would undertake various maintenance jobs that were needed in the apartment as part payment of rent. The landlord denied that any agreement had been made, but was prepared to reimburse expenses which the tenant had borne, providing that he could submit receipts. He said he had never received any invoices from the tenant; consequently he had retained the entire deposit amount.

The Complaints Committee noted that the landlord was entitled to dispose of the deposit to cover outstanding rent during the lease period and at the end of it. The committee considered it had been demonstrated that the tenant had not paid rent in respect of the month in question, and the landlord was therefore entitled to retain the deposit.

Conclusion: The appeal for return of the deposit was rejected.