Deposits, resolution and damages guide
As a landlord or tenant, dealing with end of tenancy can be complex and often stressful for both landlords and tenants. Understanding the processes and rules surrounding tenancy deposits is crucial to a smooth and fair experience for all.
In this guide, the term ‘landlord’ may refer to either the landlord or their agent, as applicable.
Understanding resolution:
Various issues requiring resolution can arise at the end of a tenancy, such as unpaid rent, damages, or cleaning issues. Our free resolution service is an alternative to using court proceedings, for both landlords and tenants.
In certain situations, an adjudicator may decide that the issues are outside our authority and would be better suited by the court process, such as cases involving criminal activity, fraud allegations, or highly complex issues.
It’s important to understand that the deposit is the tenant’s money, and the landlord is responsible for proving any entitlement to all, or part, of the deposit.
Types of evidence for dispute resolution
When preparing to negotiate a resolution, providing the right evidence is crucial to support your case. Key types of evidence include:
- Signed check-in/check-out inventory reports: providing a comparison of the property’s condition at the start and end of the tenancy
- Signed tenancy agreement: outlines the contractual responsibilities and tenancy terms
- Periodic inspection reports: reports from inspections carried out during the tenancy provide insights into the property’s condition
- Invoices/receipts/estimates/quotes: documents demonstrating costs for repairs, cleaning, or any other work
- Rent account statements: providing a breakdown of rent payments and arrears, if any
- Date-stamped photographs or video recordings: visual evidence of property condition changes over time
- Correspondence: letters, emails, text messages, or other communication relating to rent, repairs, damages, or disputes
- Witness statements: third-party reports or statements supporting either party’s claims
Calculating awards and fair wear and tear:
Adjudicators base their decisions on the evidence provided by both parties. They will review the property’s quality and condition from the tenancy’s start date to the end and assess any deterioration, and whether it is more than just fair wear and tear. Once a tenant is found responsible for costs, the adjudicator will assess whether the amount claimed is reasonable and that fair wear and tear has been considered as well as the length of the tenancy and the number and age of occupants. The aim is to make sure that any amount awarded is reasonable and proportionate to the damage the tenant is responsible for, and the quality of evidence is key.
This detailed guide explains the process, for landlords and tenants to be confident and work towards effective resolution while promoting fairness and transparency when the tenancy ends. Remember that open communication and cooperation between parties can often lead to smoother resolutions and a positive tenancy experience without the need for a formal decision.
Mastering deposit disputes requires a clear understanding of regulations, evidence gathering, and fair assessment of damages. By following the guidelines presented in this comprehensive guide, landlords and tenants can navigate the process with confidence and work towards resolving disputes effectively while promoting fairness and transparency. Remember that open communication and cooperation between parties can often lead to smoother resolutions and a positive rental experience.