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It achieved a responserate of 21% (330 cases), although the extent to which this constituted a representativesample might have been affected by a greater propensity of those involved in a dispute torespond.The English House Condition Survey 2001 asked 592 landlords how oftenthey found it necessary to make a deduction or retain all of the deposit at the end of atenancy.Although there is no data available, a common complaint from landlords is that tenantssometimes withhold the last months rent in lieu of the deposit.

This strategy can defeatany attempt by the landlord to recover costs that might be legitimately charged against thedeposit, such as damage to the property.On the other hand, very many landlords allow, oreven encourage, tenants with whom they have had a good relationship to withhold theirlast months rent.Peoples perceptions are obviously subject to their position as tenant or landlord, and it isimpossible to establish a true bottom line figure for the number of deposits that anindependent adjudicator might judge to be unreasonably withheld.

However, it is worth noting that the perceived problem of landlords unfairly withholdingdeposit is significant, and almost certainly contributes to the common incidence of tenantsnot paying their last months rent.For example, a tenant who believes that their landlord has beenreluctant to effect repairs promptly, Google Places Services or habitually entered the property without givingnotice, may well be unconvinced that the deposit will be fairly returned.These are all problems which could be rectified by a consistent, professional andtransparent approach to the sector by all landlords, agents and tenants.

Although a national scheme to protect tenancy deposits cannotprovide a cure for wrongs suffered by landlords that exceed the value of the deposit, it canplay a valuable role in promoting and disseminating good practice.Information about schemes inother countries, particularly in mainland Europe, is welcomed from consultees.However, if thelandlord does not comply with the tenants written request to provide such proof or returnthe deposit, the tenant must take the case to court.Landlords are not allowed to hold deposits; rather, tenants depositthree months rent in a blocked bank account which is in the tenants name but controlledby both landlord and tenant.

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