Landlords can no longer make deductions from the tenancy deposit without the tenant’s agreement.

In the event of a dispute if both the landlord/agent and the tenant agree to use the scheme providers’ free resolution service then they agree to be bound by its decision.

The sum in dispute will be held by the scheme whilst the dispute is in progress.

The adjudicator’s decision will be strictly evidence based. Therefore, without an inventory the landlord has no claim to dilapidation deductions.

Alternatively, one can opt to submit an application to the small claims court where a judge will make a decision but, again based on the evidence presented.

To avoid a dispute in the first place we recommend that all tenancies be subject to a detailed professional and independent inventory.

Be warned!

This new legislation will encourage tenants to dispute the smallest of deductions and in the absence of an inventory,

“It was like that when we moved in”
will be the tenants’ defence.