In the UK, landlords are required to place tenants’ deposits in a government-approved deposit protection scheme for all residential tenancies. This scheme is designed to protect tenants from any unfair withholding of their deposit at the end of their tenancy.
However, disputes over the return of tenancy deposits are still common, and it’s essential to understand your rights as a tenant when making a tenancy deposit claim.
Here’s what you need to know about tenancy deposit claims in the UK:
- When can you make a claim?
You can make a tenancy deposit claim if you believe that your landlord has unfairly withheld all or part of your deposit. This could be for a variety of reasons, such as damage to the property, unpaid rent, or cleaning fees. You can also claim if the landlord has not protected the deposit and provided the tenant with confirmation of that. This is very common basis of claims.
- How long do you have to make a claim?
You must make your tenancy deposit claim within six years of your tenancy ending. However, it’s essential to act quickly as evidence can become harder to gather over time.
- What should you do before making a claim?
Before making a claim, you should try to resolve the dispute with your landlord first. You can do this by discussing the issue with them or using a mediation service. If you’re unable to reach an agreement, you can proceed with a tenancy deposit claim.
- Which scheme was your deposit protected under?
Your tenancy deposit claim will depend on which deposit protection scheme your landlord used. There are three government-approved schemes: the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. You’ll need to check which scheme your deposit was protected under before making a claim.
- How much can you claim?
The amount you can claim will depend on how much of your deposit your landlord has withheld. You can claim up to the full amount of your deposit, plus interest and any additional costs you’ve incurred. You can also claim compensation for your landlord’s failure to protect the deposit from the outset.
- What evidence do you need to provide?
To support your tenancy deposit claim, you’ll need to provide evidence, such as photos of the property before and after your tenancy, emails or letters between you and your landlord, and receipts for any repairs or cleaning you’ve carried out.
- How do you make a claim?
You can make a tenancy deposit claim online through the relevant deposit protection scheme’s website if your landlord is deducting or not returning the deposit. You’ll need to provide details about yourself, your landlord, and your tenancy, along with evidence to support your claim. If you want to claim for your landlord not protecting the deposit in the first place, it’s best you get in touch with you as that process is technical.
- What happens after you make a claim?
Once you’ve made your claim, your landlord will have a chance to respond. If they agree with your claim, they’ll return your deposit plus any interest and additional costs. If they disagree, the scheme will appoint an impartial adjudicator to decide the case. In terms of claiming for your landlord’s failure protect deposits from the outset, then you will get your deposit back and possibly compensation.
- How can you avoid tenancy deposit disputes?
To avoid tenancy deposit disputes, make sure you document the condition of the property before you move in and take photos or videos of any existing damage. Keep your landlord informed of any issues that arise during your tenancy, and ensure the property is clean and in good condition when you move out.
In conclusion, if you believe that your landlord has unfairly withheld all or part of your deposit, you have the right to make a tenancy deposit. You also have the right to claim your deposit back if the landlord has not protected your deposit together with being awarded compensation.
If you need any help contact us at housing@alison-law.co.uk or call us at 0207 242 5462
