Tenancy Deposit Claim: The Claims Process

When renting a property, tenants are usually required to pay a deposit to their landlord or letting agent as security against potential damages, unpaid rent, or breaches of the tenancy agreement. This deposit is meant to protect the landlord, but it also brings responsibilities and rights for both parties involved.

However, despite these legal protections, disputes over tenancy deposits remain common. A tenancy deposit claim arises when a tenant believes their deposit has not been returned fairly or has not been adequately protected according to legal requirements.

If you would like assistance with a tenancy deposit claim, please get in touch with us today. We have access to an experienced panel of commercial law solicitors who are highly knowledgeable in this area of law.

Making a tenancy deposit claim

If you’re a tenant and you paid a deposit which you believe has been unfairly withheld, or if your landlord hasn’t complied with tenancy deposit protection regulations, you have the right to make a tenancy deposit claim. Here’s a guide on how to go about making a tenancy deposit claim:

Understand your rights and responsibilities

Before you start your claim, it’s important to understand your rights and responsibilities as a tenant. Landlords are required to protect your deposit in a government-approved tenancy deposit protection (TDP) scheme. In the UK, landlords must protect deposits within 30 days of receiving them and provide tenants with details about the scheme. If a landlord didn’t do this and failed to protect your deposit, or if there is a dispute over the return of the deposit at the end of the tenancy, the tenant may be entitled to compensation.

Gather evidence

To support your claim, gather all relevant evidence, including:

• Tenancy Agreement: This document outlines the terms of your tenancy, including the amount of the deposit and the conditions under which it can be withheld.
• Correspondence with the landlord: Keep records of all communications with your landlord, including emails, letters, and text messages discussing the deposit.
• Inventory and condition reports: If an inventory or check-in/check-out report was completed, these documents are crucial in demonstrating the condition of the property when you moved in and when you moved out.
• Receipts and invoices: If the landlord claims deductions for damages or unpaid rent, ask for receipts or invoices to justify these claims.

Check if your deposit is protected

Verify whether your deposit was placed in a recognised scheme. In the UK, for example, there are three government-approved schemes often used for assured shorthold tenancy:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

You can check online with each scheme or contact them directly to find out if your deposit was protected.

Contact your landlord or letting agent

Before making a formal claim, attempt to resolve the issue directly with your landlord or letting agent. Write to your landlord and explain why you believe the deposit should be returned in full or why you dispute any deductions. Sometimes, a simple conversation or written request can resolve the issue without further action.

Initiate a dispute with the deposit protection scheme

If your deposit is protected by a TDP scheme and you cannot reach an agreement with your landlord, you can initiate a dispute resolution process through the scheme. This process is usually free and can help resolve disputes without going to court. The scheme will require you to submit evidence, and they will review the case impartially before making a decision.

Make a court claim

If your deposit was not protected or if you are unsatisfied with the resolution provided by the deposit protection scheme, you may need to take legal action. This can be done by filing a claim in the small claims court (also known as the County Court in the UK). To do this:

• Complete a claim form: Provide details of your claim, including the amount of the deposit, the tenancy agreement, and any supporting evidence.
• Serve the claim on the landlord: The court will send the claim to your landlord, who will have a set period (usually 14-28 days) to respond.
• Pay a Court fee: A fee is required to file a claim, which may vary depending on the amount being claimed.
• Attend a hearing: If the case is not resolved through mediation or other means, you may need to attend a court hearing. Prepare to present your evidence and explain why you believe the deposit should be returned or why compensation is due.

If you win your case, they may order the landlord to return the money from your deposit in full or with specific deductions.

How can Expert Commercial Law assist?

When dealing with a tenancy deposit claim, it is important to seek expert legal advice and assistance. A litigation team can ensure the right approach is being taken and that applications are being made correctly.

Please note we are not a firm of solicitors. Most of the solicitors on our panel provide no win, no fee claims. If you contact us in relation to a commercial law case, we will pass your case on to a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.

Each solicitor is vetted before being allowed onto our panel, and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).

Our panel solicitors also help with commercial claims, such as breach of contract, winding up proceedings and statutory demands.

Please get in touch with a member of our team today using the form below to speak to a solicitor on our panel.