Deposit Protection Service > Claims and disputes > Thinking of making claim?
Once the tenancy has ended, the tenant has moved out and you've completed the check-out inspection, you may feel you're owed some of the tenant's deposit. Before making a claim, follow these steps to help determine if it's likely your tenants or an adjudicator would agree.
Review your claim – is it likely to succeed?
1) Is your claim valid?
Has the tenant breached the terms of the tenancy agreement? Your first step should be to review the original agreement and check-in and check-out inventory reports. These will show the condition of the property when the tenant moved in and moved out and detail any contract terms that should have been followed.
2) Is the amount claimed fair and reasonable?
Have you accounted for fair wear and tear over the lifespan of the tenancy?
- Are you estimating a replacement cost based on a like-for-like item?
When calculating how much to claim, consider the condition of the item at the start of the tenancy, and its likely condition accounting for the length of the tenancy had it not been damaged. - Would repair or cleaning be a more cost-effective solution?
Replacement isn't always the cheapest option. You should only claim the necessary amount required to rectify the issue. - Was the item/décor old enough you would have needed to replace it anyway, regardless of damage?
In the event of a dispute, an adjudicator will consider if an item was already beyond its expected lifespan.
3) Do you have the evidence you need to prove your claim?
Adjudicators make their decisions based on the evidence they receive. They must be persuaded “on a balance of probabilities” that a breach of the tenancy agreement has occurred and caused or will lead to a financial loss.
Read about different types of claims and supporting evidence
4) Have you discussed your claims with your tenant and shared your evidence?
If you've followed the above steps and decided on what you feel is a fair and reasonable claim, discuss it with your tenants. Explaining the basis of your claim and sharing your supporting evidence can help them understand your reasoning and reach an agreement with you, without the need for dispute resolution. It can take up to seven weeks to reach an outcome in a dispute so coming to a quick settlement saves time and effort and benefits everyone.