Debt greater than deposit paid to us?

Debt greater than deposit paid to us?

0:00 AM, 22nd January 2026, About 3 weeks ago 7

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Hello readers: Is it acceptable for us to chase an ex-tenant for rent, damaged items and cleaning bills after the deposit proportion has been paid to us by the holding company? The deposit repaid was not enough to cover the costs and debt.

The tenant also owes £1200 for an early non-agreed exit by 2 weeks.

The property was filthy, and needed some damage attending to before it was habitable for renting again.

The government run deposit company gave us £450 from the £900 deposit towards what the tenant owed. We want to now claim the rest from the ex-tenant.

Does anyone have experience with similar actions?

Any help will be much appreciated.

Thanks

Peter


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Neil Patterson

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Member Since February 2011 - Comments: 3452 - Articles: 286

9:39 AM, 22nd January 2026, About 3 weeks ago

The deposit scheme’s decision only determines how the deposit is allocated, not the tenant’s total liability.

The scheme is not a court and its decision does not prevent you pursuing the balance separately.

You can claim:
Professional cleaning (if property was left filthy)
Repairs for damage caused by tenant
Replacement items (with age-related apportionment)

Just make sure:
You are not claiming “betterment”
Costs are reasonable and evidenced

You cannot:
Re-argue the deposit decision itself
Claim again for items the scheme specifically rejected
Inflate costs to “make up” the deposit shortfall
Your new claim must be independent, not a workaround.

Before chasing, make sure you have:

Tenancy agreement (rent, notice clauses)
Check-in & check-out photos
Cleaning & repair invoices
Inventory
Deposit scheme adjudication summary
Clear breakdown showing:

Total loss
Deposit received
Balance outstanding

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DPT

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Member Since October 2020 - Comments: 1106

9:43 AM, 22nd January 2026, About 3 weeks ago

I would caution, however, that its my understanding that courts dont like double claims for the same debt. If you can find something that you havent already claimed for, you might have a better chance.

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Blodwyn

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Member Since August 2016 - Comments: 508

12:07 PM, 22nd January 2026, About 3 weeks ago

Before you chase what may be pennies in the total context, ask yourself if you can bear the frustrations of delay in the Court system and, most important, is your ex-tenant worth powder and shot?

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MargaretM

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Member Since February 2018 - Comments: 32

16:23 PM, 24th January 2026, About 2 weeks ago

We took an ex-tenant to court for the sort of costs you are describing and including unpaid rent. We iused the Small Claims Court which is done online but you serve papers by recorded delivery post. It took over a year to get to court and then at least another year before we got a final court judgement.
All very time consuming and costly so think carefully if it’s worth it, especially whether the ex-tenant is able to pay or not. Our debt ended as £6000+ and is still being paid from 2017 at £40 a month (the most the ex-tenant is able to pay.) having taken the debt to the High Court Sherriff for enforcement.
Margaret

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Ian Simpson

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Member Since August 2013 - Comments: 182

17:55 PM, 25th January 2026, About 2 weeks ago

We had a tenant whose kids drew all over the walls in wax crayon, necessitating a complete re-paint. Also had four cats which literally destroyed ALL the carpets in the property.
Total cost of re-painting and re-carpeting : £4650
Deposit held : (Limited to five weeks of course!!) £1350. Held by TDS Scheme
Oh well we thought, at least we get back £1350…. No no no … we received £280!! TDS Paid the rest back to the tenant of course!!
Moral of the story : ALWAYS hold the deposit yourself!

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Ian Simpson

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Member Since August 2013 - Comments: 182

17:58 PM, 25th January 2026, About 2 weeks ago

Also had a Nigerian tenant who was constantly fighting with his girlfriend. She locked herself in the bathroom and he SMASHED DOWN THE BATHROOM WALL to get to her!! ABout £3000 of damage!! On the day they moved out he was texting me saying : “You’d better give me my F…..ing deposit back , you F….ing C…”…

I gave him 1p 🙂

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DPT

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Member Since October 2020 - Comments: 1106

6:37 AM, 26th January 2026, About 2 weeks ago

Reply to the comment left by Ian Simpson at 25/01/2026 – 17:55
Holding ghe deposit guarantees nothing as you have to give the deposit scheme the money before adjudication.

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