Your landlord wants to keep £400 for cleaning, but you left the flat clean. Or they want a new carpet paid for from your deposit, even though it was worn when you moved in. The way to challenge those deductions is to identify what each charge covers and show what the evidence supports.
For protected deposits in England and Wales, the scheme's free adjudication service is often the practical route. A statutory claim about failure to protect a deposit belongs in the county court. Neither is an ordinary First-tier Tribunal deposit claim, and the tribunal is not an appeal route after adjudication.
Which route applies to your deposit dispute?
Start by separating two problems. A deductions dispute asks whether the landlord can keep part of the deposit for rent, cleaning or damage. A protection claim asks whether the landlord complied with the legal duties to protect the money and give you the required information.
For deductions, check whether your deposit is held or insured by the DPS, TDS or mydeposits. The government's dispute guidance explains that you can use the scheme's free alternative dispute resolution service, known as ADR, if both sides agree. You can go to court if ADR is not used.
If you agree to adjudication, the decision is binding. It is not a trial run before taking the same disagreement to the tribunal. If you think the scheme made a procedural error, check its complaints or review process promptly. A disagreement with the outcome does not create a routine appeal.
What evidence helps you challenge a deduction?
An adjudicator needs a comparison between the beginning and end of the tenancy. The landlord must justify the deduction they want, but you should still respond with the evidence you have. The DPS evidence guidance explains how tenants can assess a proposed claim.
Gather:
- The tenancy agreement and check-in inventory, including any corrections you sent after moving in.
- Check-in and check-out photographs, with dates and enough context to identify the room or item.
- Messages reporting existing damage, leaks or maintenance problems.
- The landlord's breakdown of deductions, invoices and estimates, plus your replies.
If there is no signed inventory, say so, but do not assume that guarantees success. Other evidence may establish the property's condition. Likewise, an invoice shows a charge was made, but does not by itself prove you caused the problem or should pay the whole amount.
Keep the original files and submit readable copies. Label each document so the adjudicator can connect it to the deduction you are challenging.
How should you answer the landlord's deductions?
Work through each item separately. For a cleaning charge, identify the room, explain how you left it, and point to the relevant check-out photograph. If the check-in record already described a dirty oven, include that comparison.
For damage, distinguish deterioration through ordinary use from damage for which you are responsible. Age, quality and the length of the tenancy matter. A landlord should not receive a brand-new replacement at your expense where that would improve on the item you originally rented.
Be specific about the amount as well as responsibility. You may accept that you damaged a chair while disputing the cost of replacing an entire matching set. Explain what you accept, what you dispute, and why.
Avoid long accounts of unrelated disagreements. A short response tied to the evidence makes the actual dispute easier to decide.
Which deposit dispute deadline should you check?
There is no single three-month deadline covering every scheme and product. Check your protection certificate and contact the scheme as soon as deductions become disputed.
For mydeposits insured protection, the deadline is three calendar months minus one day from moving out or the deposit becoming unprotected, whichever happens first. TDS insured protection requires a dispute within three months of the tenancy ending. A scheme may also require an initial period for trying to agree repayment.
Custodial schemes have their own repayment processes and deadlines for responding or submitting evidence. Do not assume that money held by a scheme means you can ignore its messages indefinitely. A court claim has separate limitation rules, so a scheme deadline is not a reliable guide to how long you have to sue.
When does a deposit claim go to the county court?
For a proven failure to protect an English tenancy deposit or supply the required information, the county court awards compensation of one to three times the deposit. On a £1,200 deposit, that means £1,200 to £3,600. The government's guidance also explains the orders the court can make concerning the deposit itself.
In England, this protection claim starts under Part 8, normally using form N208. It is a different procedure from an ordinary claim about deductions. Our N208 guide explains which route and documents you need, including where facts are disputed.
Welsh occupation contracts have their own deposit remedies. Those claims also go to the county court, but normally use Part 7 under the Welsh court rules. Do not automatically use the English N208 route for a Welsh contract.
Before filing, write clearly to the landlord, follow the applicable pre-action requirements, and check the fee and costs position. Keep protection claims and deductions arguments distinct so the court can see which remedy you seek.
What should you do before accepting a settlement?
Get the offer in writing and check whether it settles everything or only an agreed part of the deposit. If you accept an undisputed amount while challenging the rest, make that clear. Do not assume a payment described as “full and final settlement” leaves the remaining dispute open.
Remedy helps you use your check-in records, photographs and messages to draft a response to each proposed deduction.
