Deposit Protection Service > Claims and disputes > Common dispute misconceptions
Misconception:
The property décor, fixtures and fittings should be returned in exactly the same condition as at the start of the tenancy. For example: if the property was freshly painted for the tenancy, it should be returned freshly painted at the end of the tenancy.
Truth:
It's an established legal principle that a landlord isn't entitled to charge their tenants the full cost for having any part of their property, or any fixture or fitting, “...put back to the condition it was at the start of the tenancy”. Landlords should therefore keep the age of items and fair wear and tear in mind. The tenant's deposit isn't to be used like an insurance policy, where you might get “full replacement value” or “new for old”.
Misconception:
The deposit belongs to the landlord.
Truth:
The deposit belongs to the tenant. The DPS holds the deposit as protection for the landlord in case the tenant breaches the terms of their agreement, resulting in a financial loss to the landlord. For the deposit (or part of it) to be paid to the landlord, the adjudicator will look for evidence to show the landlord is entitled to make a deduction.
Misconception:
Adjudicators should “read between the lines” when coming to a decision.
Truth:
Adjudicators are completely unbiased and make their decisions based on the evidence received from all parties. They must be persuaded “on a balance of probabilities” that a tenant has breached their tenancy agreement, and the landlord or letting agent has suffered, or is likely to suffer, a financial loss as a result.
Misconception:
Disputes take a long time to resolve.
Truth:
The dispute resolution process balances the needs of both parties, allowing both the landlord and tenant sufficient time to gather and submit their evidence, whilst providing a decision in a reasonable amount of time and faster than using the courts. Landlords and tenants can resolve a dispute more quickly by reaching an agreement together outside of the process.
Misconception:
Once the dispute process has started, it can only be settled by the adjudicator's decision.
Truth:
If the landlord and tenant reach an agreement during the dispute resolution process, they should contact us as soon as possible. If the adjudicator hasn't yet reached a decision, we'll pay out the agreed upon sum once we have confirmation from both parties.
Misconception:
The DPS will always favour the landlord/The DPS will always favour the tenant.
Truth:
Our adjudicators make their decisions based on the evidence provided and the relevant legal principles. They make their decisions with complete impartiality.
Misconception:
The dispute process is too heavily weighted, with the landlord expected to do everything.
Truth:
The dispute process is conducted impartially. As the deposit belongs to the tenant until a claim is proven, the law requires the landlord to prove they are entitled to a share of it. This means the landlord needs to prove their claim is justified, not for the tenant to prove it isn't. This is a fundamental legal requirement and not a process determined by The DPS.
Misconception:
I'll move my deposits to another scheme, as they would have adjudicated differently.
Truth:
The dispute resolution process is a Government determined framework followed by all schemes and based on legal principles. As all schemes follow the same approach to deciding disputes, it's likely another scheme would reach the same outcome.