Landlords are only entitled to keep a deposit (or part of it) if they can show that they have lost out financially because of your actions. You can negotiate or take your landlord to court if it's withheld unfairly.
Remember: From 6 April 2007, if you pay a deposit for an assured shorthold tenancy to a private landlord or letting agent, the deposit must be protected by a tenancy deposit scheme. This section only applies to deposits that are not covered by a scheme.
If you have problems getting your landlord to return your deposit at the end of your tenancy, the first step is to try to negotiate with her/him.
Negotiation isn't guaranteed to always work but you should try it before you consider any further action. If you need help, contact a local advice centre.
The Government has introduced the schemes to protect tenancy deposits and provide a fairer system for settling disputes about the return of a deposit at the end of a tenancy. Before introduction of these schemes, if a landlord kept all or part of your deposit it could be difficult to get it back. With the new schemes, an independent service helps to resolve disputes about deposits at the end of a tenancy. This service is free for tenants.
* Get all your paperwork together
* Write a second letter, warning of court action
If your landlord refuses to return your deposit and negotiation doesn't work, the next step is to go to court. This is quite straightforward.
If you think your landlord is not entitled to keep your deposit but you can't convince her/him to give it back, a court can settle the disagreement. The court will look at all the evidence and decide whether or not your landlord should return your deposit.
* Which court deals with deposits ?
* Will I have to pay court fees ?
* How do I start the court claim ?
1a - Get all your paperwork together
Get together all of the paperwork you have relating to your deposit and any evidence of the condition of the property when you moved in. This can be helpful if you have to negotiate with your landlord later. Useful items might include:
* any photographs you took when you moved in
* receipts for items you have replaced
* receipts or estimates for repairs done to the property
* receipts for rent payments
* letters from and to your landlord (eg. about repairs or replacement items)
These may also be useful later, if you need to go to court to get the deposit back.
The first step is to write and ask your landlord to return your deposit. Your letter should ask:
* why your deposit is being kept
* what specific costs are being taken out of your deposit
Give your landlord a deadline for replying (such as within two weeks). Keep a copy of the letter.
Your landlord may reply with a list of the deductions from your deposit rather than returning it. Look at these and see whether you agree with them. If you don't agree with some or all of the costs you will need to write again.
If your landlord doesn't respond to your letter at all, you should write again once the deadline has passed (see below).
1c - Write a second letter, warning of court action
You will need to write to your landlord again if:
* s/he hasn't responded to your first letter
* you disagree with any of the costs s/he is deducting from your deposit
* you agree with some, but not all of the deductions
Your letter should say:
* which costs (if any) you do not accept
* the reasons why you do not accept them
* the amount of money you think should be returned to you
Give your landlord a deadline for a second reply (such as within two weeks). In your letter say that you will take your landlord to court if your deposit is not returned by this date.
1d -If you don't get a reply or are not happy with it
If you don't get a reply or your landlord still won't give you the money, you can try to get it back by taking her/him to court. This is quite straightforward, so you won't need a solicitor. You may not even have to go to a court hearing at all - your landlord may pay up once s/he knows you are considering this action.
1e - If your deposit is held by a Letting Agent
If you rented through a letting agent and they hold your deposit, they do so on behalf of your landlord. If they are unfairly refusing to return your deposit, or the company stops trading and disappears with your money, you should contact your landlord direct. S/he is responsible for returning your deposit even if you originally paid it to the agency.
You are entitled to know the name and address of your landlord. Your letting agent has a legal duty to provide this information within 21 days, if you request it in writing. Get advice if you need help with this.
If your letting agent behaves unreasonably and is registered with a regulatory organisation, you can contact that body to report the problem. The National Approved Lettings Scheme and the Association of Residential Letting Agents are the two main regulatory bodies for letting agencies.
2a - Which court deals with deposits ?
The county court deals with disputes about deposits. The court procedure is intended to be simple enough for ordinary people to use without needing a solicitor. However, if you need to claim more than £5,000 (the limit for small claims), or you want help with the process, get advice.
2b - Will I have to pay court fees ?
You have to pay a fee to the court to start your claim. You will be able to claim this back from your landlord if you win, but if you don't win you will lose it.
The amount of money you have to pay is usually a fixed amount plus a percentage of the amount you are claiming from your landlord. For example, the court may charge you £80 to start the claim, then ten per cent of the total amount you want to claim from your landlord.
You can claim for:
* all or part of the deposit
* interest on the amount owed
* the court fees you had to pay to start your claim
Interest can be claimed from the date your deposit should have been returned until the date you start your claim, and then at a daily rate. Interest is calculated at 8%. If you want to claim interest, you have to say so on your claim form.
2d - How do I start the court claim ?
To start the claim, you will need to get form N1. You can get this from your nearest county court (their address should be in the Yellow Pages) or from the court service website.
When you fill in the claim form, you have to say how much you are claiming and give explain your reasons. Give clear details of any costs that have been deducted from your deposit and why you disagree with this.
Write to your landlord
Before you start the claim at the court, send the completed N1 form to your landlord along with a letter giving your landlord a deadline to respond by if they want to avoid court action. The deadline could be five or seven days.
You should write 'letter before action' at the top of your letter. You could also send your landlord copies of any letters you have already sent to her/him but that they didn't respond to. Keep copies of everything.
Many landlords will agree to pay you what they owe as soon as they receive a letter before action, so you may not have to go to court at all.
Start your claim
If your landlord doesn't respond by the deadline or still refuses to pay, take the form to your local county court. Court staff can help make sure you have filled it in correctly and explain the procedure. At this point you will have to pay the fees. Important documents
When you pay the court fee, the court normally gives you instructions (which they may call 'directions') about the documents you will need to provide to the court and the time limits for doing so. These might include:
* a copy of your tenancy agreement
* records of your rent payments
* the inventory
* receipts of any items you have repaired or replaced
* letters to (or from) your landlord
* statements from witnesses
* photographs
You will also have to sign a statement explaining the evidence you want the judge to consider. Any witnesses (such as a friend who can confirm the state of the property when you moved in) will also have to sign a written statement. You usually have to provide all the evidence at least 14 days before the hearing.
The court office will send a copy of your claim to your landlord, with forms that s/he must fill in and return. At this point your landlord could:
* do nothing
* agree with your claim and pay up
* disagree with your claim and agree to go to court
If your landlord does nothing the court can automatically order her/him to pay the money you have claimed along with interest and your court fee. If your landlord doesn't pay, the court can advise you about what you can do next.
If your landlord replies and continues to disagree with your claim the court will arrange a hearing.
If the court is unable to send or deliver the papers to your landlord, you may have to give them to your landlord yourself. Get advice if you are in this situation.
2f - What happens at the hearing ?
If your landlord disputes any of your claim there will be a hearing. This should be fairly informal and you should be able to represent yourself. The judge will ask questions based on the evidence you have already provided. Your landlord may be represented by someone else, such as a solicitor.
If you win, the court will order your landlord to pay your claim. If your landlord doesn't pay up, the court will advise you on what you may be able to do next.
If you lose the case there may be nothing more you can do to get your deposit back. Your court fees will not be refunded but you won't have to pay your landlord's legal costs. If you think the judge hasn't considered the evidence properly you may be able to appeal. You will need to get legal advice if you want to do this.