Letter to Request Return of Tenancy Deposit

What is a letter to request return of tenancy deposit?

A letter to request the return of a tenancy deposit is a letter used to formally make a request to the landlord or letting agent of a property for the repayment of deposit paid by the tenant at the start of the tenancy.

 

Is it mandatory to have a letter to request return of tenant deposit?

No, it is not mandatory to have a letter requesting the return of tenancy deposit. In modern tenancies, the parties tend to use systems such as Tenancy Deposit Scheme which makes it easier to manage the protection and request the return of the tenant's deposit. However, a letter requesting the return of the deposit can prove useful even if a tenancy management system is used, for example, where the tenant disputes the deductions made by the landlord or letting agent.

 

What does deposit mean?

A tenancy deposit refers to an amount of money the tenant pays to the landlord or letting agent at the start of the tenancy agreement, which serves as security for the landlord to cover for potential breaches of the tenancy agreement. These kinds of potential breaches include: damage to the property, unpaid rent, cleaning costs at the end of the tenancy, or other expenses related to the tenant's breach of the tenancy agreement.

 

What must a letter to request return of tenancy deposit contain?

A letter to request return of tenancy deposit must contain:

• The name and address of the tenant sending the letter;
• The name and address of the landlord or letting agent;
• The details of the property;
• The date on which the tenant vacated the property;
• The deposit amount; and
• Tenant's preferred method of payment.

 

What are the prerequisites of a letter to request return of tenancy deposit?

Before this letter can be sent, the tenancy must have come to an end and the property must have already been vacated.

 

Who is involved in a letter to request return of tenancy deposit?

The parties involved in a letter to request a return of the tenancy deposit are the tenant(s) and the landlord or letting agent of the property. The sender of the letter will be the tenant(s) and the recipient will be the landlord or the letting agent of the property.

 

What has to be done once a letter to request return of tenancy deposit is ready?

Where there is more than one tenant sending the letter requesting the return of the tenancy deposit, the tenants should agree on using the address of one of the tenants to correspond with the landlord or letting agent. If the letter is sent via email, then all the tenants can be copied into the mail for their own correspondence.

Upon completion of the letter, it should be posted to the landlord or lettering agent or sent to their email address (if permitted under the tenancy agreement) as soon as possible after the property has been vacated. The tenant(s) can keep a copy of the letter for their own records.

 

Which documents should be attached to a letter to request return of tenancy deposit?

The following documents can be attached to a letter to request a return of tenancy deposit:

• Excerpts from the tenancy agreement that provide for the return of deposit and the permitted deductions;
• Inventory or check-in report which shows the condition and contents of the property as at the time when the tenant(s) first started tenancy;
• Check-out report which shows the condition and contents of the property at the time when the tenant(s) vacated the property;
• Receipts of rent payments;
• Receipts for professional cleaning of the property (if applicable);
• Photos or video evidence (if sent electronically) showing the state of the property at the end of the tenancy; or
• A copy of the certificate or confirmation from the tenancy deposit scheme showing that the deposit was protected for the duration of the tenancy.

 

Which laws are applicable to a letter to request return of tenancy deposit?

England and Wales

The applicable legislation will vary depending upon the type of tenancy agreement, but in most cases the Housing Act 1988 is likely to apply. In addition, for tenancies commencing after 6 April 2007, the Tenancy Deposit Scheme (as established by the Housing Act 2004, amended by the Localism Act 2011 and Deregulation Act 2015) will apply.

Scotland

The legislation may vary depending on the type of tenancy agreement, in most cases the Housing (Scotland) Act 1988 and 2006, the Private Housing (Tenancies) (Scotland) Act 2016, and the Tenancy Deposit Schemes (Scotland) Regulations 2011 will be applicable.

Northern Ireland

The applicable legislation will vary but in most cases the Private Tenancies (Northern Ireland) Order 2006 and the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012 will apply.

 

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

 

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