Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Communities and Local Government, whether his Department has carried out a review of (a) misuses of tenancy deposit schemes by landlords in order to delay or reduce amounts reimbursed and (b) the merits of requiring the landlord rather than the tenant to submit an appeal for deposit money.

The Tenancy Deposit Schemes in England currently protect over 3 million deposits on behalf of tenants, helping to raise standards in the private rented sector and ensuring that tenants are treated fairly at the end of their tenancy.

If there is a dispute about the amount of the deposit to be returned, the tenant and the landlord can either agree to use the free Alternative Dispute Resolution (ADR) service provided by the Tenancy Deposit Protection schemes or go to court. Where both the landlord and tenant agree to using the ADR service the case will be handled by an independent, impartial and qualified Adjudicator, and a decision will be made within 28 days. The deposit is the tenant’s money and landlords should be prepared to provide appropriate evidence where they believe they are entitled to retain any of the deposit.

Of the 13.2 million deposits which have been protected since the launch of the scheme, less than 1.5 per cent have gone to adjudication.