Case Study 1: Property Damage and Deposit Dispute in Leeds
Background
GV Lettings, a property management company in Leeds, rented out a fully furnished two-bedroom flat to four university students under a 12-month joint Assured Shorthold Tenancy (AST). The monthly rent was £1,100, and the £1,200 tenancy deposit was correctly protected in the Deposit Protection Service (DPS), in compliance with the Housing Act 2004.
At the start of the tenancy, an independent inventory service provided a detailed check-in report signed by both parties, including photographs of the property’s condition and all furnishings.
Incident
At the end of the tenancy, GV Lettings discovered:
- Deep stains and cigarette burns on the living room carpet
- Holes in bedroom walls
- A broken internal door
- Graffiti on walls
- Missing kitchen items and unremoved rubbish
The landlord sought to retain the full £1,200 deposit to cover cleaning and repairs. The tenants disputed this, claiming the issues were “fair wear and tear” and that the amount was excessive.
Resolution
The dispute was referred to the DPS Alternative Dispute Resolution (ADR) process. GV Lettings submitted:
- Initial and final inventory reports
- Invoices for cleaning and repairs
- Time-stamped photographs
- Emails showing tenants had been warned about property standards
The tenants provided only written denials and post-clean-up photographs.
The DPS adjudicator awarded £850 to the landlord and £350 to the tenants, ruling that while the damage exceeded normal use, carpet replacement costs were not fully justified.
Legal and Practical Lessons
- Always use a professional inventory service with photographic evidence.
- Fair wear and tear cannot be claimed – landlords must prove actual damage.
- High-quality evidence directly impacts tenancy deposit dispute outcomes.
- Under the Housing Act 2004, deposits must be protected in an approved scheme.
Case Study 2: Refusal to Vacate After a Section 21 Notice
Background
Mr Ahmed, a landlord in East London, rented his flat under an AST to a professional couple. After the initial 12-month fixed term, the tenancy became statutory periodic. Two years later, Mr Ahmed needed the property for his daughter, who was returning from university.
Legal Procedure
On 1 February, he served a valid Section 21 notice (Form 6A), providing:
- Two months’ notice
- Proof of deposit protection
- EPC, Gas Safety Certificate, and the government’s How to Rent guide at tenancy start
The notice was valid under the Housing Act 1988 as amended by the Deregulation Act 2015.
Tenant Response
The tenants refused to vacate, citing affordability and local housing shortages. Private negotiation attempts failed.
Escalation
Mr Ahmed filed an accelerated possession claim (Form N5B). Due to court backlogs, the process took 12 weeks. Even after a possession order was granted, the tenants did not leave, forcing the landlord to apply for a warrant of possession (Form N325) and instruct county court bailiffs.
Total eviction timeline: almost 5 months.
Costs Incurred
- £355 in court fees
- £130 bailiff fee
- Two months’ lost rent
Legal and Practical Lessons
- A valid Section 21 eviction notice does not guarantee swift possession.
- Court delays are common – landlords must plan for possible backlogs.
- Procedural accuracy is critical: incomplete or invalid notices can derail the process.
- Consider landlord legal protection insurance or mediation to manage risk.
Relevant Legislation and Resources:
- Housing Act 1988 – Assured Shorthold Tenancies and landlord rights
- Deregulation Act 2015 – Rules for valid Section 21 notices
- Housing Act 2004 – Tenancy deposit protection rules
- Tenant Fees Act 2019 – Limits on tenant charges
- Gov.uk – Evicting tenants – Official guidance
- Tenancy Deposit Scheme (TDS) – ADR dispute resolution
These real-world landlord case studies highlight just how complex the eviction process in the UK can become, especially when relying on a Section 21 notice or handling a tenancy deposit dispute. With the Renters’ Reform Bill set to abolish Section 21 no-fault evictions, it will be even more important for landlords to understand the new legal grounds under the Housing Act 1988 and how to prepare compliant documentation. For a complete breakdown of the upcoming legal changes, including valid grounds for possession, notice periods, and procedural requirements, read our full professional guide to the end of Section 21 evictions.
hese real-life stories show that planning ahead can protect both your relationship and your future.
Notice: All names in these examples have been changed to protect confidentiality.
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