Question

Deposits and Tenancy Deposit Schemes (England)

deposit return

6 Oct 2017 | 1 comment

Hi can i hold deposit back because of damage to propery
y

Answer

1 Comment

  1. guildy

    Absolutely you can although the process will depend on which scheme the deposit is protected with.

    You should always try and agree with your tenant what should be deducted before return because the dispute resolution that all deposit schemes operate are paperwork intensive and generally tenant friendly.

    However, if you can’t agree, the deposit will sit with the deposit scheme whilst you and the tenant submit evidence. The scheme will then decide the apportionment of deposit to be returned to you and the tenant.

    It is possible to use the courts for this but that can be even more lengthy and there would be a cost implication (the deposit schemes resolution are free to use). Therefore, if the amount is approximately the size of the deposit, it’s usually not worth court proceedings.

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