Hi, If at the end of the tenancy, the tenants have failed to pay more than one months rent (and thus have broken the terms of the tenancy agreement) and refuse to sign anything acknowledging this, what is the process that the landlord can take to retrieve one of those months unpaid rent from the deposit?
Question
Deposits and Tenancy Deposit Schemes (England) | Preventing Controlling and Recovering Rent Arrears (England)
Landlord claim on deposit if tenants owe rent
Answer
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It depends on which scheme the deposit is protected with but all three have a free of charge dispute resolution service.
If the tenants won’t agree, you would need to raise a dispute with the scheme (via your account on their website) and submit all your evidence proving that they owe the months rent. The evidence should include a comprehensive rent schedule.
The scheme will then decide who the deposit should go to. Normally rent is straightforward to prove so you shouldn’t have too much trouble.