Ending Fixed-Term Tenancy when an Inspection is Not Carried Out

If you do not carry out an inspection either before or after the tenancy, you cannot deduct anything from a security deposit for damages that go beyond normal wear and tear. It might still be possible for you to return your security deposit and then sue a tenant for any damage caused.

If you make a deduction from a security deposit for damages when an inspection was not carried out, the tenant can take legal action to recover the money. It will then be up to the court to decide if you are able to keep any of the money.

January 2006