Claiming on the deposit

In this chapter we cover what you can and cannot claim for at the end of a tenancy

CHAPTER TWO

What you can't claim for

To make sure that the tenant is not at an unfair financial disadvantage, you will not be able to claim for the following through the ADR process:

More than the deposit amount
For larger claims, you would need to go through the court process

Costs related to preparing a deposit dispute
Each party is responsible for their own costs for preparing the claim and gathering evidence

Fair wear and tear
A landlord must understand that the condition of the property will deteriorate over time. Cost calculations must consider the length of the tenancy, the age and quality of the item/area as well as its condition at the start and the number and type of occupants
The House of Lords defines fair wear and tear as: ‘Reasonable use of the premises by the tenant and the ordinary operation of natural forces’

Betterment
Tenants are only responsible for costs on a like-for-like basis. Landlords can only deduct an amount from the tenant to put the property back in the same, condition than it would otherwise have been. Any higher standard would be betterment

Please note: This is a general overview and not an exclusive list.

What you can claim for

Tenancy agreements should include the circumstances for all, or part, of the deposit being withheld by the landlord. It must also be referred to in the prescribed which has been given to the tenant at the start of the tenancy.

This broadly covers:

outstanding rent

general

repairs required to the property
(including garden, if any) which is in excess of reasonable wear over the length of the tenancy

Evidence required to make a claim

Make sure you have all the necessary evidence you need to support any claim in a formal dispute.

Documents such as the tenancy agreement, gas safety, EICR, and check-in report are good examples of what will be available before the tenancy starts.

Make sure the documents are clear and detailed. If you need to provide information for a formal deposit dispute please keep it relevant. Our evidence checklist offers more help and you can download it here.