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Original poster

Tenant deposit dispute

16 replies

choirmumoftwo · 09/01/2025 17:22

Apologies - this is long!
Can anyone explain how this works please? The case adjudicator has reached a decision which I understand is binding, but I'm not sure how the decision was made.
DD and her friends moved out of a rental (not students if that makes any difference). They formally asked for their deposit back by email, and several times by phone, with no success. Various reasons given for lack of response by landlord.
Seven weeks after tenancy ended, and four weeks after email request for deposit return, a without prejudice offer was received from the landlord but an email request for some clarification was ignored.
DD started dispute process with the deposit scheme before the three month deadline, the basis of the dispute being that the landlord had not followed the process - he should have responded to the email request within ten days.
He rebutted the claim, providing over 200 pages of 'evidence' why he should keep the whole deposit. Quotes for works were dated on the day the tenancy ended so I have no idea why there was any delay in the first place.
Anyway, the adjudication has addressed all of his rebuttals but not the fact that he completely ignored the correct process and timeline from the outset, which was actually the basis for the dispute! It's almost as though the landlord raised the dispute rather than DD.
The decision is 50/50 deposit split and I don't think we can do anything further, but I'm curious as to how the adjudicator reached their decision.
Thank you.

OP posts:

CherryRipe1 · 09/01/2025 18:22

Was the deposit protected in a tenants deposit scheme & prescribed information given within the legal timeframe?

HappiestSleeping · 09/01/2025 18:26

Did your daughter provide all her evidence in the same detailed way as the landlord did?

Original poster

choirmumoftwo · 09/01/2025 18:35

It was in a protected scheme and the prescribed timeframe was not adhered to by the landlord.
She submitted all evidence relevant to the basis of the dispute. The landlord didn't address any of the issues she raised, just claimed a load of deductions (late).

OP posts:

MsReacher2025 · 09/01/2025 18:38

But were the deductions fair? Was there damage?

purpleme12 · 09/01/2025 18:43

I thought they just had to comment on why reasons the tenant or landlord gave as to why they should or shouldn't get the deposit back and that's it

purpleme12 · 09/01/2025 18:43

It should say why they came to the decision

Original poster

choirmumoftwo · 09/01/2025 19:11

I guess what I'm ultimately asking is if the landlord didn't follow the prescribed timeframe, should he be able to then claim anything, regardless of the rights and wrongs? I can't really see the point of a timeframe if so.

OP posts:

purpleme12 · 09/01/2025 19:20

Can I ask which actual timeframe are you referring to?

Timeframe for what?

Original poster

choirmumoftwo · 09/01/2025 19:21

Under the rules of the scheme the landlord has ten days to respond to a formal request for deposit return.

OP posts:

purpleme12 · 09/01/2025 19:24

That just means if the landlord doesn't respond, the tenant can go straight to putting a dispute in with the tenancy deposit scheme.

But yes if tenancy deposit company decide the landlord is entitled to keep some of the deposit then yes he can.

He's not penalised for not responding to the request

MsReacher2025 · 09/01/2025 19:25

But was there damage? She was in a flat. Did she look after it? Were any deductions justified?

ItsYourMoneyRalf · 09/01/2025 19:28

there must be more to this. Tribunal hearings more often than not side with the tenant

Spirallingdownwards · 09/01/2025 19:29

choirmumoftwo · 09/01/2025 19:21

Under the rules of the scheme the landlord has ten days to respond to a formal request for deposit return.

Yes and if he doesn't then the process is your DD submits a claim.

If as you say he has detailed quotes dated the day the tenancy ends then that is pretty good evidence that work was required because he had it formally priced up rather than just trying to say it will cost me x. He had evidence from the relevant tradespeople.

How much was he claiming and how much was the deposit? Perhaps he is feeling aggrieved he only got 50% if it is going to cost more than that to out the property back in order to rent to someone else. Perhaps your DD should be feeling happy she got half back. We don't know.

purpleme12 · 09/01/2025 19:31

ItsYourMoneyRalf · 09/01/2025 19:28

there must be more to this. Tribunal hearings more often than not side with the tenant

Not always though.

I think OP isn't disputing the fact that the daughter shouldn't get it all back. But just perhaps looking for a way to get more back now!!

Original poster

choirmumoftwo · 09/01/2025 19:40

I'm honestly not looking for anything other than to understand the process. The outcome is as it is. Thanks for your insights.

OP posts:

CherryRipe1 · 10/01/2025 11:08

https://www.depositprotection.com/agents-landlords/starting-a-tenancy/prescribed-information
If she wasn't notified within the 30 days regarding the details of the deposit she might have some recourse ie suing the landlord for being remiss. Id be looking into this with the tenancy deposit scheme but weigh it up against the landlords lists of gripes.

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