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My landlord refused the deposit scheme's dispute service and says they'll take me to court. Can they?Beta*

Deposits
Private renting in England since the Renters' Rights Act 2025, unless the question says otherwise. General information, not legal advice.

Yes. The dispute service (ADR) only runs if both of you agree to it, so a landlord can refuse and go to the small claims court instead. If the deposit is in the custodial DPS scheme, the money stays with the scheme until you agree or a court decides. With an insured scheme, the landlord or agent holds the money but must pay the disputed amount to the scheme. Either way the deposit is safe. In a small claim the landlord still has to prove each deduction, and the court fee for a claim of this size is modest. If the landlord does nothing, you can apply to the scheme to release the money after a set period, so check your scheme's rules.

On this site: Money Claim Online workspace

Sources: Shelter: court action to get your deposit backGOV.UK: tenancy deposit protection

More on deposits

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Savvy Renter — savvyrenter.co.uk · free tools for renters. Answers checked 15 October 2026. The full list is also published as faq.json.
* Beta: new page, not yet reviewed by a housing adviser. General information, not legal advice.