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Tenancy deposits are used as a way to protect landlords in case a tenant leaves a property without paying rent, or causes damage to the property. However, there are now strict rules in relation to how these deposits are protected.
The Housing Act 2004 requires landlords and letting agents to protect tenancy deposits in one of three tenancy deposit protection schemes. These schemes are backed by the Government, and they ensure landlords do not utilise the tenant’s deposit as general income, protecting the tenant.
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 law, the landlord needs to:
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.
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:
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.
There are a few questions you need to ask before fully knowing whether you are able to claim for tenancy deposit dispute.
Having said this, the key factor is, if you have paid to your landlord a tenancy deposit on, or after, 6thApril 2007, and you cannot find details of it being protected, you may have a claim.
The 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. 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 claim.
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 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.
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:
Landlords need to respond to claims for deposits within 10 calendar days, otherwise there is a dispute. 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 in account is, with qualified solicitors on your side the process can be much simpler for you, and may be settled in a shorter time. We have dealt with many tenancy deposit claims in the past, and are well aware of the processes that are in place.
In our experience, claims with all of the following evidence are more likely to succeed:
All Tenancy Deposit Claims are dealt with under our “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 solicitors, 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.
ClaimsExperts.co.uk are experts in relation to claiming for Tenancy Deposit disputes. We make the whole process of claiming for Tenancy Deposit Disputes easy.
Among other things, our clients recommend using our expert services because:
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Our goal at ClaimExperts.co.uk is to provide practical and honest assistance with tenancy deposit disputes, helping you to claim maximum compensation for what you deserve.