What is a Tenancy Deposit Protection Scheme?
Tenancy deposit protection schemes ensure that tenants receive their deposits back in full at the end of their tenancy, providing they have met their rental agreements and there are no disputes in relation to the condition of the property.
In order to comply with the tenancy deposit law, the landlord needs to:
- Belong to a scheme
- Register the deposit on the database of that scheme
- Pay a membership subscription and/or a deposit protection charge
There are three main tenancy deposit protection schemes that are protected by law:
Landlords who let their properties on assured shorthold tenancy must put the tenant’s deposit into a tenancy deposit protection scheme. Failure to do so can result in a tenancy deposit claim for the tenant.
YouGov research showed that 18% of tenants said their landlord or letting agent had broken the law by failing to secure their deposit in an approved Government protection scheme.
What are the most common types of Tenancy Deposit Claims?
The most common types of tenancy deposit claim our panel sees are:
- A landlord has not protected a deposit within 30 days
- A landlord has protected the deposit, but not informed the tenant of where it is within 30 days
- A landlord has spent the deposit, unlawfully
Any of the above situations can lead to a potential tenancy deposit claim.
How do I know if my landlord has protected my deposit?
Unfortunately, there is no central database to check if your landlord has protected your tenancy deposit. However, the three above schemes all have databases where you can check.
The information you will need to supply to their websites is:
- Your Postcode
- The tenancy start date
- The deposit amount
- Your surname
If you try this with the three above schemes and are still getting back negative results, the chances are your landlord has not protected your deposit in a scheme backed by the law. Our expert panel of tenancy deposit solicitors will be able to tell you if you are eligible to claim.
As of March 2020 there are 4,141,467 deposits protected by a Government-backed scheme. Is yours one of them?
Am I eligible to make a tenancy deposit claim?
There are a few questions you need to ask before fully knowing whether you are able to claim for a tenancy deposit dispute.
Having said this, the key factor is, if you have paid your landlord a tenancy deposit on, or after, 6thApril 2007, and you cannot find details of it being protected, you may have a claim.
Your landlord should also have sent you a certificate to notify you that your deposit has been registered with one of these schemes. If you have not had this confirmation, you may be able to claim.
Even if your deposit is/was protected, you may still be entitled to compensation. Our panel of deposit solicitors may be able to help you claim on a no win no fee agreement. If your landlord did not protect the deposit within the allocated 30 days or failed to provide you with the required information you may be eligible to make a deposit compensation claim.
How much could my Tenancy Deposit Claim be worth?
Failure to do all of the above may mean the courts require a landlord to repay the deposit in full. Not only this, the landlord may be liable for up to three times the amount of the original deposit.
This means, your compensation claim could be worth anything up to:
|Amount of Deposit
||Potential Claim Worth
This amount can be a just reward for going through an ongoing dispute with a landlord who has failed to protect your deposit.
The Tenancy Deposit Claims process
There are a number of deadlines landlords must follow in order to comply with laws surrounding tenancy deposit claims. However, ensuring you have a qualified legal team behind your claim can make things a little smoother.
Here is our three-step, simple process:
- Enter your details on this website, including information about your claim
- Our panel of expert tenancy advisors will contact you. They may ask for supporting evidence in the form of documents and payment receipts
- Leave the claim in safe hands. Using their expertise, our panel will guide you through the process, step-by-step.
Landlords need to respond to claims for deposits within 10 calendar days, otherwise, a formal dispute is lodged. After this, there is a further 10 working days to inform us that both parties consent to adjudication, and time to send any more supporting evidence.
This adjudication then takes no more than 28 days, on average. However, it is worth noting that each case is unique, and some cases may be shorter, while others may be longer.
The key thing to take into account is, with qualified advisors on your side the process can be much simpler for you, and may be settled in a shorter time. Our panel have dealt with many tenancy deposit claims in the past, and are well aware of the processes that are in place.
What evidence do I need to succeed in a Tenancy Deposit Claim?
In our experience, claims with all of the following evidence are more likely to succeed:
- A copy of your tenancy agreement
- The receipt or confirmation you paid your deposit
- Letters to and from your landlord
- Records of rent payments
- Print out of your searches on the tenancy deposit protection websites
Our Tenancy Deposit Compensation Fees
All our panel's Tenancy Deposit Claims are dealt with under their “No Win No Fee” agreement. No payment will be required from the outset of your claim.
All of these claims are dealt with by qualified tenancy advisors, who will carefully listen to your case and guide you through the claim process, step-by-step.
You will also be offered After the Event insurance which covers the legal costs and expenses involved in litigation, and will cover any adverse costs.
Tenancy Deposit Claim FAQs
Can I check if I have a Tenancy Deposit claim?
You can enter your details on one of the three government-backed deposit schemes – Deposit Protection Service, MyDeposits, Tenancy Deposit Scheme. If you can’t find your deposit, it is likely you have a claim. If you need help finding your deposit, get in touch.
How does the claim process work?
You can start your claim today by getting in touch with a member of our panel of deposit experts. Our panel of solicitors will ask you a few details, including your address, tenancy start date, and the amount of your deposit. If they can’t find your deposit, they will bring a claim forward on your behalf, and claim you your compensation.
How much is a tenancy deposit claim worth?
A tenancy deposit claim is worth up to three times your deposit. So, if your tenancy deposit is £500, then the claim could be worth up to £1,500.
What is a multi-breach tenancy deposit case?
This occurs where there are a number of breaches of this law. A breach is defined as every time a new tenancy begins and the deposit is not protected. If you have renewed your tenancy with your landlord twice, there could be two breaches.
How do I start my Tenancy Deposit Claim?
Getting started is easy. Simply fill in our short enquiry form online and one of our expert panel members will be right back in touch to tell you whether you may have a valid claim.
Is it really No Win, No Fee?
Yes, as our panel believe everyone is entitled to justice, so they take on all of our tenancy deposit claims on a completely No Win, No Fee basis. You will only ever pay any legal fees if your claim is successful. Our panel of solicitors will go through their success fee details with you in clear English before you start your claim. There will be no nasty surprises.
Why use ClaimExperts.co.uk for your Tenancy Deposit Claim?
ClaimsExperts.co.uk have a panel of Tenancy Deposit Claim solicitors in relation to claiming for Tenancy Deposit disputes. They make the whole process of claiming for Tenancy Deposit Disputes easy.