Tenant Deposit Return Letter for England

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Dear _____________,

I am the former tenant of your property known as _____________, _____________, _____________. The assured shorthold tenancy began on _____________ and finished on _____________.

I am writing regarding the security deposit of that was paid on _____________.

On _____________ I requested a refund of the deposit, however to date

On the _____________ I proposed the use of the alternative dispute resolution service provided by as a means to resolve this dispute. However, to date

As a result of your actions or omissions, I feel I have no other recourse but to pursue this matter through the county courts small claims procedure. I will commence court action if within 14 days I have not received all monies owing or meaningful response to my claim.

For your reference, I have included copies of the following documents:

  1. Tenancy agreement
  2. Certificate of Deposit Protection
  3. All previous correspondence
  4. Copy of property inventory
  5. A completed N1 claim form

If this matter is not resolved within the 14-day time limit set out above, I will also be seeking any and all costs associated with pursuing this claim, as well as interest on any amount owing.

Yours sincerely,

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Instructions for Your Tenant Deposit Return Letter



The tenant deposit return letter is used by Tenants whose former Landlords are refusing to return either all or part of the Tenant's deposit. With the establishment of deposit protection legislation it is not as easy for Landlords to take advantage of Tenants by wrongfully withholding their deposits.

Included in the creation of the Tenant deposit protection schemes was the requirement that each scheme provide an alternative dispute resolution service that Tenants and Landlords could make use of for free in order to resolve disagreements.

Barriers to Alternative Dispute Resolution

The alternative dispute resolution services are only available for use if both parties agree to its use and agree that the decision will be binding. There are some unscrupulous Landlords that will not agree to this and hope that their former Tenants just disappear.

Tenants may find themselves in a difficult situation if their Landlord chose an insurance-backed deposit protection scheme. These require the Landlord to transfer the disputed amount of the deposit to the scheme administrator. If the Landlord is not willing to do so, then the alternative dispute service will not be available to the tenant.

Most worrying of all is a loophole that some Tenants are finding themselves in. If an approved insurance-backed scheme finds that a Landlord is not following the scheme's rules, then the scheme is under a duty to expel the rogue Landlord from the scheme. In this case, the Tenant will become unprotected and be at the mercy of the very type of Landlord that deposit protection legislation was designed to protect against.

Previous Actions Required to Use the Letter

The tenant deposit return letter makes a number of assumptions about steps that the Tenant has already taken to have the deposit returned. The first assumption is that the Tenant has already made a request through the relevant deposit protection scheme to have the deposit returned and the Landlord was not forthcoming. The letter also assumes that the Tenant has suggested the use of the relevant scheme's alternative dispute resolution service. If these steps have not been taken, then it is highly recommended that this be the Tenant's first coarse of action before proceeding with sending the tenant deposit return letter.

Preparing and Sending a Tenant Deposit Return Letter

Preparing to send a tenant deposit return letter will take a little bit of preparation and organisation. Part of the purpose of sending a tenant deposit return letter is to show the former Landlord that the sender is serious and prepared to pursue the Landlord until the deposit is returned. The tenant deposit return letter is used before a small claims court action is filed. In addition to the completed tenant deposit return letter, the Tenant should send a copy of the tenancy agreement, the deposit protection certificate, any previous correspondence with the Landlord, a copy of the property inventory and most importantly a completed N1 small claims court form. The N1 form and claimant notes can be found at the following addresses:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001a-eng.pdf

It is always advisable to send a Tenant Deposit Return Letter by first-class registered, signed-for post in order to prove receipt.

This document is only for use in England and Wales.

Please note that the language you see here changes depending on your answers to the document questionnaire.
Landlord Tenancies

Tenant Deposit Return Letter

A tenant deposit return letter should be used by tenants whose landlords are refusing to return their security deposit. This is a necessary tool for making a formal request before initiating legal action to recover the deposit.

Your letter is automatically tailored to your specific circumstances and uses terms that maximise your protection, including a resolution deadline, deposit protection scheme details, and more.

Take control of your affairs and cut costs by eliminating the need for solicitors. LegalNature makes it easy to quickly create your agreement by providing step-by-step guidance on top of intuitive form-building technology.

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