Tenancy Deposit Disputes
Disputes over deposits are one of the most common areas of conflict between landlords and tenants. Getting the right advice at an early stage can help you to achieve a fair outcome while keeping the time, hassle and legal costs involved to a minimum.
At OTS Solicitors, our specialist tenancy deposit disputes solicitors in London can support both landlords and tenants across England and Wales with these matters. We can provide clear advice on your rights and sensible guidance on what steps you can take to protect those rights.
For a detailed discussion regarding a tenancy deposit dispute or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.
Our team can provide clear tenancy deposit dispute advice on matters including:
- Landlords’ rights to withhold deposits and make deductions
- Tenants disputing deductions from their deposit by a landlord
- Deposit protection scheme disputes
- Claims of landlord harassment in relation to deposits
Speak to our tenancy deposit dispute solicitors today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our tenancy deposit dispute solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Our tenancy deposit disputes services
Landlords’ rights to withhold deposits and make deductions
Before making any deductions from a deposit or withholding a deposit in its entirety, landlords must make sure they have a sound basis for doing so. Getting clear legal advice on this can minimise the risk of a tenant raising a deposit dispute.
Our team can advise landlords on their right to make deductions and ensure this is being done on a fair basis. This way, landlords can recover their losses while being confident that they are acting properly.
Tenants disputing deductions from their deposit by a landlord
If a tenant wishes to dispute deductions from their deposit, they need to be clear about their right to do so. Our team can provide expert guidance, so tenants can take the appropriate steps to resolve the problem as quickly as possible.
As a landlord, you will need to be able to provide evidence for why any deductions were made. This should include an itemised list of all issues that led to deductions, with evidence such as receipts or invoices to show your losses. Our experts will be happy to support you with this, so you can be confident that your position is defensible.
Deposit protection scheme disputes
If a landlord fails to place a tenant’s deposit into an appropriate deposit protection scheme within 30 days of the deposit being paid, then the tenant may have the right to claim compensation. In such situations, both parties may wish to seek legal advice on their rights and to help with negotiating a resolution.
Taking a landlord to court for not protecting a deposit is rarely necessary as these situations can usually be settled swiftly with sensible negotiation between landlord and tenant. However, if a landlord persistently fails to provide evidence that they have placed a deposit into a protection scheme, then court action may be the only option.
Our team can advise both tenants and landlords on how to resolve these situations, using our strong negotiating skills to give you the best chance of an early, acceptable resolution.
Claims of landlord harassment in relation to deposits
Landlords have to be very careful with how they respond to deposit claims as they could be accused of landlord harassment if they behave in the wrong way. Where a tenant feels they are being harassed by their landlord, both sides should seek urgent legal advice.
Our team can provide expert support on harassment for tenants and advise landlords on responding to harassment claims.
Tenant deposit disputes explained
How to dispute deposit deductions
If you believe your landlord has incorrectly deducted money from your deposit, you have the right to dispute this. To make a deposit claim, there are three basic steps you can take:
1. Contact your landlord or their agent in writing
In your letter, you should set out the amount of your deposit, the amount you received back and that you are requesting the return of the rest of your deposit. You can also ask for a list of any financial losses that have been incurred by your landlord, supported by receipts or invoices to justify the deductions they have made.
2. Use your deposit protection scheme’s dispute resolution service
Assuming your deposit was properly placed into a deposit protection scheme, your next step would be to use their free dispute resolution service. Both you and your landlord can provide evidence to support your position and the dispute resolution service will decide what deductions should be made.
If your deposit was not placed in a deposit protection scheme, then your landlord may owe you compensation for failure to properly protect your deposit.
3. Court proceedings
In some situations, you may be able to take court action against your landlord in order to dispute deductions from your deposit. You should take legal advice before doing so to make sure you have a realistic prospect of success and ensure your case is as strong as possible.
How to handle a tenancy deposit dispute
The different options open to a tenant who wishes to dispute deductions from their deposit are covered above. More generally, whether you are a landlord or tenant, it is important to act reasonably at all times when dealing with a deposit claim.
For landlords, it is particularly important to stay professional as you could face accusations of landlord harassment if you act in a way that could be taken as threatening or intimidating.
Getting the right legal advice can make it much easier to ensure you deal with a tenancy deposit claim in the right way and minimise the risk of any additional legal complications.
What are my rights to get my deposit back?
You usually have the right to have your deposit returned within 10 days of your tenancy ending, although the exact time limit will depend on the situation and which tenancy deposit scheme was used.
Your landlord can only make deductions from your deposit for reasonable costs they have incurred, such as damage, missing items and unpaid rent. They must be able to provide evidence for these reasonable costs.
On what grounds can a landlord withhold a deposit?
As covered above, a landlord can only make deductions from a deposit or withhold it entirely if they need to do so to cover reasonable costs they have incurred due to the tenant’s actions e.g. damage to the property or not paying rent.
How long does a tenancy deposit dispute take?
How long it takes to resolve a tenancy deposit claim will vary. If you can agree a resolution amicably with your landlord, then it might only take a matter of days. Should you need to apply to your deposit protection scheme’s dispute resolution service, then they will normally aim to provide a decision within 28 days, but this may vary from scheme to scheme. If court proceedings are needed, things may take longer, so this is an important point to bear in mind.
Our fees for dealing with tenancy deposit disputes
When dealing with disputes over tenants’ deposits, it is important to make sure the cost of legal advice is in proportion to the amount in dispute and the outcome you can hope to achieve. At OTS Solicitors, we aim for complete transparency with our fees, so you can make a sensible cost-benefit analysis.
Where appropriate, we can assist with deposit claims and disputes on a fixed fee basis, so you know exactly what costs are involved. For more complex matters, we may work to a set hourly rate, so you can get ongoing support while knowing the precise costs involved.
Speak to our tenancy deposit dispute solicitors today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our tenancy deposit dispute solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Your Questions and our answers about Tenancy Deposit Disputes
Thank you for your enquiry.
You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry.
The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here
Thank you for your enquiry.
Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here
Thank you for your enquiry.
There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.
Thank you for your enquiry.
Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.
You can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.
For more information, you can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.
For more detailed information, you can call us on 02039 599123 or contact us here.