FAQs – Tenancy Deposit Alternative



What is the first step towards making a Claim?

The Claim process is straightforward and quick because we start work from the moment notice to end the tenancy is given (i.e. 30 days’ notice). Once you notify us that Notice has been given, whether from the landlord or the Tenant, we then write to the tenant and remind them of their obligations both under the terms of the Tenancy Agreement and the terms of the Warranty.

We inform them that all rental payments must be paid up to date and that the property must be cleaned and repaired to its former state; at this point we also provide the tenant with a copy of their signed inventory. We also give them the opportunity to provide us with any information regarding the tenancy and the landlord that they may not be happy with, this gives us the chance to sort any problems that may arise.

What are the timescales of a claim?

The timescales can be greatly reduced if you have your claim details in order claim can be made from day one of the tenant leaving the property and your evidence of claim can be provided from the date of notice to claim this can reduce the initial response time by 23 working days. If we are not given the 30 days’ notice at the point of notice of the end of Tenancy, this may delay your claim.

Provide Notice of the end of Tenancy – 30 days before the end of tenancy
Provide notice of a claim – within 10 working days of vacant possession
Provide evidence of your claim – within 14 working days of Notice to Claim
A straightforward or non-contested claim – settlement within 7 working days
A contested claim – settled within a maximum of 28 days (target 14 days)
No response from tenant – Settled within 28 days
Your claim date starts from the date we receive your evidence of claim


What is the time limit for me to make a claim against the deposit Warranty?

We need notification within 14 working days of the tenant vacating. It is assumed that you will carry out a check out procedure with your tenant at the end of the tenancy, this will be signed by both you (the landlord) and the tenant, in some circumstances you may discover damage or breakage after the tenant has vacated and this too may be submitted as a claim; however the tenant has the right to contest this claim and you would be required to provide proof it was caused by the tenant and not a third party. Finding damage or breakages more than 14 days after the tenancy has ended could be deemed to have been caused by a third party and would not be deemed the fault of the tenant.

Is there a minimum amount for which I can claim?

No: There is no minimum amount claimable, however each and every claim is evaluated on its own merit and must be covered within the terms of the Deposit Warranty. We have to believe there is a value to the claim before we pursue the tenant.

When may a claim be rejected?

A claim may be rejected in part if any part of the claim is not covered by the terms of the warranty, any part of your claim that is valid would still be accepted.

We may reject a claim in full if the landlord has knowingly put in a false claim either in part or as a whole, If it is proved that a fraudulent claim is made against the warranty, the warranty will become null and void and if deemed serous enough the appropriate authorities will be notified.

If the Warranty has not been paid for. In the event a warranty is not paid for it will automatically be cancelled. We will write to you at the last given address for you, we will also write to you at the address covered by the warranty. We also have a responsibility to write to the tenant to inform them that there is no deposit cover on the property.

Can I submit evidence to support my claim?

Yes. Any settlement is based upon evidence alone; therefore as much photographic or video evidence you can provide together with an written communication helps us and speeds up the settlement time

Will my claim get delayed by the tenant refusing to co-operate with the claim?

No. We obviously have to give the tenant the right to respond to a claim, however if they do not comply, we have the right under the terms of the Counter indemnity Agreement to make payment to the landlord to prevent loss or hardship.

Once we have settled the claim the tenant then deals directly with us.

How do you decide whether or not you can deal with my claim?

If your claim falls within the terms of the deposit warranty, we will deal with your claim, if there is any part of your claim not covered under the terms of the warranty we will notify you as quickly as possible.

My Tenant has absconded, can I still claim?

Yes. If your tenant absconds, we, under the terms of the counter indemnity agreement signed by the tenant have the right to make settlement in their absence. If by absconding they do not defend the claim, they are held liable. We will trace the tenant and they will be liable for the full cost of settlement including any charges or fees incurred in the perusal of the debt.

Can I challenge the final decision?

You can, but it will delay the settlement process. Our claim and settlement procedure is very fair and is based solely upon the evidence you provide against the defence the tenant provides, this means the better the evidence the more likely your settlement will be met with your approval.

How do I make a claim?

Making a claim is very simple. Firstly notify us you wish to make a claim this should be done within 10 working days of the tenant vacating the property. Once you have notified us, download the Claim form, complete this form with as much information relating to the claim as possible, provide us with photographic and video evidence where possible, also include copies of any letter or emails you may have received from the tenant relating to the claim. The more information you can provide will assist in settling your claim.

What happens once I’ve made a claim?

Once you have made a claim we will contact the tenant, we will inform them of the claim and give them a chance to respond, the tenant can then choose:

Defend the claim: The tenant will provide evidence to us and we will use the evidence you have provided against their defence and make a decision as to thelevel of claim.

Accept Liability of the Claim: If the tenant accepts liability of the claim we will arrange for them to either pay the settlement, or this will be settled by the underwriter who will then pursue the tenant under the terms of the Counter Indemnity Agreement for full costs of liability together with any charges or fees incurred in the collection of the settlement.

Absconds or refuses to respond: If the tenant refuses to respond to our communication or has absconded, under the terms of the Counter indemnity agreement, we have the right to represent them in their absence; this means we will make a settlement based upon the evidence provided by the landlord. We will then pursue the tenant under the terms of the counter indemnity agreement for the full cost of settlement together with the fees and charges as laid out in the agreement.

The Tenant has given me notice to end the tenancy what should I do?

As soon as your tenant gives you notice to end the tenancy, under the terms of the tenancy agreement, you should notify us. Much of the work we do to minimise the risk of a claim being made is done during this notice period. If you do not notify us it may delay any claim being settled.

We have given the Tenant notice to end the tenancy what shall I do?

As soon as you give you notice to your tenant to end the tenancy, in accordance with the terms of the tenancy agreement, you should notify us. Much of the work we do to minimise the risk of a claim being made is done during this notice period. If you do not notify us it may delay any claim being settled.

What evidence do you require to support my claim?

For normal damage, clear photographic or video evidence is best. If the claim requires specialist treatment, get a specialist in and provide us with a breakdown of the damage together with a quote to make good. Please keep in mind that an ingoing inventory is essential for us to make a fair assessment of damage.

If the claim is against the breakage or damage of an item we will require a receipt and date on which the item was purchased, we naturally assume that any rented property is run as a business by the landlord, therefore you will have invoices and manuals to support your claim.

You should have a check in inventory that has been signed by both the landlord and the tenant together with a checkout inventory please provide these at the time of claim as it will speed up the settlement time.

Do we have to go to court to get the claim settled?

No.


Do we have to attend an arbitration meeting to get the claim settled?

No.

Is this a Deposit that has to be secured to a Government approved Deposit Protection Scheme?

No. This warranty replaces the need for a deposit, the warranty is underwriten thus eliminating the tenant to pay a deposit, the fee that the tenant pays is not refundable at the end of the tenancy period and therefore is not deemed to be a deposit paid.

Most of the hard work to minimise the risk of a claim is carried out before the tenant leaves the property; it is a proven fact that getting a sensible resolution to any dispute is easier whilst the tenant is still in situ.

Do I need my tenant to be referenced before we will provide a warranty?

Yes.

Do we accept Housing Benefit tenants?

Yes we do.

Do we accept Self-Employed tenants?

Yes we do.

Do we accept Bankrupts or tenants on an IVA?

Yes we do.

Do you accept tenants with adverse credit or CCJ’s?

Yes we do.




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