To answer a deposit complaint, establish the receipt date, protection date and when prescribed information was served, using the receipt, scheme certificate and service records. For deductions, match each proposed charge to the inventory, check-out report and supporting evidence. Protection and deduction disputes are different questions; answer the one the tenant raised.
Use the downloadable records checklist and worked deposit example to organise the file before drafting.
Protection and prescribed information
GOV.UK's current guidance describes deposit protection for assured periodic tenancies, which replaced assured shorthold tenancies on 1 May 2026. For a complaint about earlier events, check the tenancy type and rules that applied at the time. Section 213 of the Housing Act 2004 requires protection in an authorised scheme and supply of the prescribed information within 30 days of receipt where the statutory requirements apply.
If this isn't done, section 214 allows the tenant to apply to court, which can order the deposit to be protected or repaid and must order a payment of between one and three times the deposit where the relevant breach is established. The award is a court decision, not an automatic three-times payment. Deposit compliance can also affect possession proceedings; take advice on the current rules and any transitional provisions before serving a notice or issuing a claim.
Deductions at the end of a tenancy
Disputes about deductions are usually resolved through the protection scheme's free dispute resolution service, where the landlord needs evidence to justify each deduction: the check-in inventory, the check-out report, photos, and invoices or quotes. Fair wear and tear can't be charged for.
The deposit cap
The Tenant Fees Act 2019 caps deposits for most tenancies: five weeks' rent where the annual rent is under £50,000, and six weeks' where it's £50,000 or more. A deposit above the cap is a prohibited payment.
Records to pull
- The date the deposit was received and the amount.
- The protection certificate, the scheme and the date of protection.
- The prescribed information, and proof and date of service.
- Inventory, check-in and check-out reports, photos.
- Any deduction proposal and the evidence for each item.
Answering it
Deal with the dates first: when received, when protected, when the prescribed information was served. If there was a failure, take advice: the court penalty is mandatory once a breach is established.
Casebriar separates a tenant complaint into its issues, checks each legal claim against legislation.gov.uk and lists the records you’ll need. You decide each issue; it drafts the reply.
Open a sample caseSources
- LawHousing Act 2004, s.213 (requirements relating to tenancy deposits)
- LawHousing Act 2004, s.214 (proceedings relating to tenancy deposits)
- LawHousing Act 2004, s.215 (sanctions for non-compliance)
- LawTenant Fees Act 2019, Schedule 1 (permitted payments, including deposit caps)
- GuidanceGOV.UK: tenancy deposit protection