No – you must agree compensation with the outgoing tenant and if no agreement can be reached, you must submit a claim for compensation. Any such claim must be evidence based and the burden of proof rests with the person (landlord or their agent) making the claim. The introduction of tenancy deposit legislation in 2007 (from the Housing Act 2004) brought tight controls on what can be done with the tenancy deposit which is the tenant’s money, not the landlord’s to take as they see fit.

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