Returning tenancy deposits – how to lodge a claim if your landlord won’t repay

Q: I have come to the end of my tenancy of my property but the landlord now refuses to return my deposit. What can I do?

Most, if not all, landlords will require you to pay a deposit when you sign up to a lease of a property, whether the property is residential or commercial. This provides security for the landlord in the event that you fail to make a rental payment or if the property is damaged at the end of the lease.

If the property is residential and you sign what is known as an ‘Assured Shorthold Tenancy’, the landlord by law must pay the deposit into a government-backed tenancy deposit protection scheme (the “TDP”) within 30 days of receiving it from you. The scheme is designed to ensure that your money is protected and that you will get your deposit back if you comply with the terms of your tenancy, pay your rent and other bills and don’t damage the property.

When your tenancy ends, you and your landlord must agree how much of the deposit should be returned to you; once the sum is agreed, the money must be paid back within 10 days.

However, there is occasionally a dispute between landlord and tenant over the sum to be returned. You may disagree about the condition of the property or your landlord may claim that you have breached a term of the tenancy. In this situation, deposits remain protected under the TDP until the dispute is settled.

The TDP scheme offers a free dispute resolution service for landlords and tenants; whilst you don’t have to use the service, it can help to resolve a dispute efficiently. The dispute will be resolved by an independent, professional adjudicator and you will be required to submit evidence to them to support your argument. Any decisions made about your deposit will be final and cannot be appealed by either party so you can have some certainty that the matter will be closed.

Many properties are managed separately by agents so you may never have contact with your landlord. If you are unable to contact your landlord, you should raise a dispute with your TDP scheme. If you have not received a response within 10 days, the case will be referred to the dispute resolution service and the TDP will return the deposit if agreed by the adjudicator.

You can expect your case to be dealt with promptly; once an application for a dispute has been submitted to your TDP scheme, they will refer to your landlord for a response. The case will then be reviewed and referred to the adjudicator who will prepare a report, usually within 28 days, giving their decision and their reasons for it. The TDP will then pay the money according to the adjudicator’s decision.

What information should I provide?
Presenting a thorough case is important to give you the best chance of success. Some points to consider may be:

• What the dispute relates to and how much money is claimed (you should at least try to agree what sum is disputed with your landlord);
• Why you believe you are entitled to the sum claimed;
• Whether you and the landlord have complied with the terms of the tenancy;
• Provide all relevant documentary evidence; this should include a copy of the tenancy agreement, the inventory, check-in and check-out reports, rent and bank statements, good-quality photographs with date and time noted, plus any invoices or quotes for work carried out;

Only send relevant correspondence; an adjudicator is unlikely to need much of the correspondence you have exchanged and will focus only on the other evidence supplied.

If you have come to the end of your tenancy and you are in dispute with your landlord over the deposit, your first step will be to contact your TDP scheme. MBH will be happy to review your documents and assist in putting together your claim, ensuring that it is presented with all necessary information and supporting you through the process.