TENANCY DEPOSIT CLAIMS

What is a tenancy deposit 


A tenancy deposit is a sum of money you pay your landlord before moving into a property. At the end of your tenancy your landlord should return the deposit to you unless there are any reasonable deductions for example, unpaid rent or damage to the property.


Tenancy deposit protection scheme


Your landlord is required to safeguard your deposit within 30 days of them receiving it. There are three authorised government protection schemes which your landlord can choose from in order to protect your deposit which are;


  • The Deposit Protection Service
  • The Tenancy Deposit Scheme
  • My Deposits.


The purpose of these schemes is to protect your deposit and help resolve disputes in relation to your deposit.


What happens if my landlord fails to protect my deposit?


If your landlord;


  • Does not register your deposit with an approved scheme within 30 days of receiving it.
  • Has registered your deposit after 30 days of receiving it.
  • Has been unable to or refused to return your deposit.
  • Failed to provide you with information regarding the protection.
  • Failed to Protect your deposit for the whole duration of your tenancy, including if you live in the property for longer than your initial term.

 

Then you may be able to claim back your deposit, plus up to 3 times the value of your deposit.


Each time your landlord fails to protect your deposit you are entitled to compensation, so if;


  • You stayed in the property longer then your initial term, then this would in essence count as a new tenancy meaning you could claim again.
  • You sign a new agreement for the same property and your landlord fails to protect the deposit then this would be a new breach, entitling you to claim again.
  • Your old landlord failed to protect your deposit, i.e. you no longer live in the premises, you can still claim provided that it has not been longer then 6 years.
  • Deductions were made from your deposit, your landlord is/was not entitled to if it wasn’t protected meaning you could claim for compensation.


Liability for return of deposit when the landlord changes


When there is a change of landlord, the new landlord will take on the responsibility for the return of the deposit at the end of the tenancy, regardless of whether the old landlord passed on the tenant's deposit or not.

The Claim Process 

1

Speak to one of our specialist solicitors to establish whether you have a tenancy deposit claim.

2

A review of your Tenancy agreement and evidence that you paid a deposit will take place to ensure you have sufficient evidence.

3

A letter before action will be sent to your landlord to notify them of the claim for compensation and allow them an opportunity to make you an offer.

4

If the landlord fails to make any offers or refuses to correspond then a formal application to the courts will be made

5

Your landlord then has the opportunity to again make offers to settle the claim, if they fail to do so then the matter will go in front of a judge to decide. Most of the time you will not need to attend the court in person and we will attend on your behalf.

 
 
 
 
 

If you believe that your landlord has failed to protect your deposit then get in touch.