Did you know that residential Landlords have a legal obligation to pay deposits received from tenants into a deposit protection scheme?
Many landlords take a deposit from tenants to hold for the duration of the tenancy. When the tenant moves out this is returned to the tenant less any deductions permitted: normally for damage (in excess of fair wear and tear), additional cleaning and to cover any outstanding rent.
Under the Housing Act 2004 –
- a deposit must be dealt with in accordance with an authorised tenancy deposit scheme from the moment of receipt
- landlords must comply with their chosen scheme’s initial requirements within 30 days of receiving the deposit
- landlords must give prescribed information to the tenant, and to anyone who paid the deposit on the tenant’s behalf, within 30 days of receiving the deposit
The deposit must be protected within 30 days of it being received ‘in connection with an assured shorthold tenancy’. This means the time when the 30 days starts might be before the date the tenancy ‘commences’. For example, a student might sign and date a tenancy agreement in January and pay the deposit at the same time. But, the tenancy might not start until the following September. In this example, the 30 days would start from the date in January when the deposit was paid and not in September when the tenancy commences.
Making a Claim
If a landlord fails to lodge the deposit with one of the 3 tenancy protection within 30 days of the date on which the deposit was provided by the Tenant the landlord will be subject to a penalty of between 1-3 times the amount of deposit paid.
Many Landlords who self-manage their property ignore the law in this regard and to assist Tenants that wish to make a claim, CSB Solicitors, has a team of experienced lawyers operating on cases around the UK. We will assist Tenants in protecting their rights against landlords and obtain compensation on behalf of Tenants from Landlords who have failed to comply with their obligations.
You could be entitled to claim compensation if you are currently renting a property or have rented property in the last 6 years and where a deposit was paid to your Landlord for your tenancy. A tenant or person who paid the deposit on behalf of the tenant can make a claim for the financial penalty both during a tenancy and after they have left the property for up to 6 years.
If you think you have a claim against your current/former Landlord then complete the simple claims questionnaire that follows and submit your supporting documentation.
A Solicitor will advise you by return if you have a valid claim or not.
To review your claim questionnaire is FREE.
If you have a claim and we are instructed to act on your behalf your claim will be dealt with under “No Win No Fee” agreements and the work is conducted by an experienced Solicitor from start to finish.
In usual circumstances, no payment is required at the outset to start your claim.
It is also our policy to offer you After the Event Insurance for increased protection against any adverse costs.