Can my deposit be withheld due to poor ventilation?

[kieranron]

I noticed that damp was coming through the Walls of my ground floor flat about 6 months after moving in . I emailed the letting agency to let them know, but recieved no reply.
Anyhow we moved out a few months ago and are currently trying to get our deposit back. I have had a phone call this morning saying that the landlord has had to pay �500 to repair this damp and wants us to pay. Apparantly the damp was cause by lack of ventilation or as the letting agency put it we didn't open the windows enough!

Does anyone know if they can do this and where I can find the legislation to prove it.

[BeatySwalls]

is ventilation mentionedin the contract?

[buildersmate]

Yes, as Zac says, where is the damp?
If neither the bathroom nor the kitchen are the worst-affected rooms, this is definitely bunk.

[kieranron]

I think the letting agency have reasied they were taking the p*ss and looks like they have dropped these charges.

Thanks for the help though.