Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"You did not give proper notice, so we kept the deposit"
high likelihoodThe landlord treats the deposit as a penalty for a short or defective notice of termination.
What answers it
A deposit secures against rent arrears and damage beyond normal wear and tear. Where a landlord says a notice was short, the measure is the actual loss — the rent genuinely lost — which they must prove, and which is very often less than the deposit and sometimes nil because the property was relet immediately. Ask what the actual loss was and how it was mitigated.
Residential Tenancies Act 2004 — Part 6 (dispute resolution by the Residential Tenancies Board)
"The property needed cleaning and redecorating"
high likelihoodThe landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.
What answers it
Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.
"Prove you did not cause it"
high likelihoodThe landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.
What answers it
It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.
"There is no scheme, so there is nothing you can do"
medium likelihoodThe landlord relies on the absence of a deposit protection scheme as though it removed the tenant’s remedy.
What answers it
The absence of a scheme changes where the money sits, not who owns it. The RTB has jurisdiction over deposit retention disputes under Part 6 of the Residential Tenancies Act 2004 and can make a binding Determination Order requiring the deposit to be returned and damages paid.
Residential Tenancies Act 2004 — Part 6 (dispute resolution by the Residential Tenancies Board)