Deposit Disputes

At the end of the Tenancy if the amount of money to be returned to the tenant is disputed by the Tenant then the Tenancy Agreement, Inventory, Property Inspections, Notifications of Breach Letter (including Rent Reminders) and the Prescribed Information all become part of the evidence that will be used by the courts or Dispute Service to determine what monies are due to the Landlord or Tenant.

If you had failed to protect the Deposit then no monies can be deducted whilst the money is not protected in a Deposit Scheme. Where it remains unprotected, the Tenant would be eligible to seek compensation from the Landlord of three times the Deposit plus the full return of the Deposit.

Where the Tenant disputes the required deductions it is for the Landlord to prove their loss and that the requested deductions are reasonable. Your AST (like ours) will define when deductions can be made and the prescribed information the Tenant must be supplied with must (as defined by Legislation) include "the circumstances when all or part of the deposit may be retained by the Landlord, by reference to the terms of the tenancy"

The Deposit Scheme will review your right to make deductions - The terms our members use when issuing our prescribed information are
 
The Landlord may make such deductions from the Deposit as are reasonable should the Landlord suffer any loss as a result of the Tenant’s breach of the terms of the Agreement. This includes:
 
 
  1. Reasonable costs and compensation where the property and contents are returned in a less favourable condition than given at the beginning of the tenancy (subject to fair wear and tear)
  2. Non-payment of any rent or interest on any amount, which was not paid when it was lawfully due Clause 1.1
  3. Non-payment of any utility bills (including reconnection charges) Clause 1.4 or Council Tax bills Clause 1.5 relating to the property
  4. Reasonable costs of sending reminder letters and other costs associated with processing defaulting payments such as uncleared cheques, failed standing orders or similar. Clause 1.8
  5. The Tenants allow overcrowding that results in non compliance with the number of allowed occupants or fines for the Landlord Clause 3.3
  6. Loss associated with the breach of any restrictive covenants to which the Property is subject Clause 3.4
  7. Reasonable costs for replacing alarm codes or keys or and locks on failure to return codes or keys. Clause 3.6
  8. Reasonable costs and compensation where the Tenant unreasonably or wilfully obstructs the Landlord or his Agents or Contractors from performing their repair and maintenance obligations Section 5
  9. Any Insurance excess if the claim was as a result of the failure of the Tenant or someone the Tenant had invited into the Property to act reasonably Clause 6.2
  10. Reasonable costs of the Landlord securing possession where the Tenant has failed to comply with a lawful notice to leave the property or where they leave earlier than the Tenancy Agreement permits Section 7 and Clause 1.8
  11. Reasonable costs for the disposal, removal, replacement and/or storage of items, which are left at the premises at the end of the tenancy Clause 8.4