Deposit Protection Service > Disputes > Common misunderstandings and misconceptions
Misconception:
Many landlords believe the property should be returned to them in the same condition as at the start of the tenancy.
Truth:
It's an established legal principle that a landlord is not 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 in mind the tenant's deposit is not 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 and is only held for safekeeping by The DPS. For a successful claim, the landlord will need to persuade the adjudicator with evidence. If the evidence isn't strong enough to prove the claim, the adjudicator is obligated to award the deposit to the tenant.
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 both 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 loss as a result.