Resolution case study - no response from landlord

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The case involved a landlord not being contactable at the end of a tenancy, when the tenant sought to have their deposit money returned. The landlord used mydeposits to protect the deposit, so held the money in their own bank account and was therefore required to discuss the return of the deposit with the tenant.

Deposit details

Deposit                                £1,800.00

Unresolved amount             £1,800.00

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What happened?

The tenant said:

  • I have requested the landlord to return my deposit on three occasions, but they have ignored me. The agent is also unable to get in contact with the landlord
  • I have been given no indication as to why my deposit has not been returned

 

The landlord has not provided a response.

 

What evidence was provided?

Emails from the tenant, showing their attempts to contact the landlord.

What was decided and why?

  1. The landlord did not adhere to the insurance scheme rules by sending the disputed deposit amount to mydeposits when a dispute was raised by the tenant. The landlord was still holding the deposit money
  2. The landlord had not presented any claims from the deposit or supplied any evidence showing that there had been a breach of the tenancy agreement by the tenant
  3. The tenant was unaware of what was being claimed and made no admissions of responsibility
  4. The starting position is that the deposit belongs to the tenant. The burden is on the landlord to show their entitlement to any part of it, and as no claim or evidence was provided to support its retention, the adjudicator found that it needed to be returned to the tenant in full. The deposit was paid to the tenant by the scheme, which is later recovered from the landlord

 

Decision:

Tenant £1,800.00

Landlord: £0.00

 

How can you avoid this happening in future?

  • Tenancy deposit protection was introduced to make sure tenants receive their deposit back fairly at the end of the tenancy
  • A formal resolution should always be requested within the timescale allowed under the scheme rules to reduce any risk of not being able to recover the deposit if it has not been returned

 

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