Tenancy Deposit Protection Claims: Claiming compensation if a deposit is not protected.
Our Tenancy Deposit Claims Solicitors are experts at claiming compensation for tenants who have faced issues with their landlord about deposit protection schemes and getting their deposit money back at the end of the tenancy.
Disputes with your landlord can be particularly stressful. You are probably relying on the deposit being returned so you can use it as a new deposit on your next home. If the landlord causes delays or deductions unfairly, it can have a significant impact.
You need a trusted law firm on your side to help you address disagreements with your landlord quickly and effectively.
At Clifford Johnston and Co. our friendly and professional team will act swiftly to ensure a speedy and successful resolution, proactively protecting your rights.
For affordable, cost-effective advice contact our specialist Tenancy Deposit Solicitors today for the legal expertise you deserve.
What is the tenancy deposit protection scheme?
The Tenancy Deposit Protection Scheme (TDP) was introduced in April 2007 to provide tenants with better protection against having all or part of their deposit withheld unfairly. The system prevents landlords from using the deposit as their own income and protects it until the tenancy is over. As well as safeguarding the money itself, the schemes offer an alternative dispute resolution service (ADR). This means that any disputes arising over deductions from the deposit at the end of the tenancy will be adjudicated independently.
Not only does this offer increased peace of mind for tenants, but it also means landlords and tenants are more likely to have clear agreements in place about the condition of the property at the beginning and end of a tenancy through detailed inventories and contracts.
In England & Wales, there are 3 deposit protection scheme providers:
- The Deposit Protection Service
- The Tenancy Deposit Scheme
Who does it apply to?
All landlords that take a deposit for an Assured Shorthold Tenancy agreement are required to put that deposit into a government backed deposit protection scheme within 30 days.
What are my landlord’s obligations to do with my deposit?
It is a legal requirement to keep deposits in one of the government backed schemes. Landlords also have to inform their tenants which scheme the deposit is held in. Landlords must return deposits within 10 days of agreeing with the tenant how much will be returned.
Your Landlord is legally required to provide a copy of the ‘deposit protection certificate’ to you as a tenant (or to a 3rd party, such as a parent, if they paid the deposit for you) within 30 days of receiving the deposit from you.
If you do not receive a certificate within this 30 day period it is highly likely you are entitled to claim compensation from your landlord.
What happens if my landlord doesn’t keep my deposit in a protected scheme?
If your landlord or letting agent hasn’t protected your deposit you will still be able to claim your money back, and you may also be entitled to make a tenancy deposit compensation claim. Landlords failing to protect tenant’s deposits in the required way will find themselves in a significantly weakened position if a dispute with the tenant arises. Landlords would not be able to evict a tenant with a section 21 notice, and they may also face a substantial fine.
How do I know if I can claim compensation?
If, over the past 6 years, you have experienced any of the following issues, you may be entitled to claim compensation:
- You know your deposit was not protected
- You are not sure whether your deposit protected
- You did not receive your deposit scheme protection certificate within 30 days of paying your deposit
- You did not receive your deposit back when your tenancy completed
If you think you have been mistreated by your landlord in regard to your tenancy deposit, you can talk to us about your situation and we’ll help you decide what to do about it. You may be entitled to compensation.
How do I start my tenancy deposit claim?
Just pick up the phone and talk to one of our experienced residential property solicitors about your situation. If your landlord is in breach of the rules we will handle the entire process for you.
All we’ll need to get started is:
- Your contact details
- The address of the rented property
- The tenancy start date
- The date the deposit was paid
- The amount of the deposit and evidence of payment
- A copy of your tenancy agreement
Is there a time limit for making a tenancy deposit claim?
The standard time limit for contractual claims is six years starting from the date when the claim arose. So, in the case of tenancy agreements, the time limit for claims will run from the date by which the landlord was supposed to return the deposit.
The exact date will depend on the terms of your contract and also the terms of the deposit scheme if one was used. If you have had any issues with your deposit at all, at any point over the last 6 years, don’t hesitate to talk to us to find out your options. We’ll evaluate your case and provide you with the best possible advice.
How much does it cost?
There are no upfront fees to pay for the legal services pertaining to a tenancy deposit claim. In most cases we are able to help clients on a ‘no win, no fee’ basis. Our charges will be a percentage deducted from the amount of compensation you are awarded. These details will be clarified with you at the outset.
How long does it take?
We have developed a swift and effective process for managing compensation claims for tenancy deposit disputes and we have an exceptional success rate. Once a claim has been submitted the time frame depends on the cooperation of the landlord and whether or not it goes to court. Based on our experience, most claims are concluded in 12 to 16 weeks.
How much compensation can I claim?
Compensation is likely to be 1 to 3 times the amount paid to your landlord as a deposit. This can increase in cases where there are multiple breaches. For example, if the deposit you paid at the start of your tenancy was not protected in the proper way, and you later renew your tenancy agreement for a second term, this would count as two separate breaches of the law and the penalties would be applied twice.
When can a landlord make deductions from my deposit?
If a tenant fails to meet their obligations under the lease agreement, a landlord is entitled to make deductions from the deposit.
Some typical reasons for this include:
- Unpaid rent
- Unpaid bills
- Damage to the property
- Stolen or missing items
- Indirect damage to the property due to negligence and lack of maintenance
- Lack of maintenance – e.g. the garden (depending on the contract)
It is common for disputes to arise over deductions due to damage or poor maintenance as tenants often feel they are being overcharged, or that they should not be charged at all.
Get in Touch with our Tenancy Deposit Claims Solicitors Today
By choosing to work with Clifford Johnston & Co. you will have an exceptional team of residential property solicitors on your side, renowned across the industry for providing the highest standards of legal representation. For landlord & tenant dispute matters, we act for clients both privately and through the provision of legal aid funding.
For affordable and cost-effective legal advice in the North West, contact our Tenant Deposit Dispute Solicitors in Manchester or Stockport today.
We are proud of the service we provide and the positive difference we make for our clients. Our team of solicitors, authorised and regulated by the Solicitors Regulation Authority in England and Wales, are experts in their fields.
We build lasting relationships with our clients. Most of our work comes from existing clients, referrals and recommendations.
We regularly provide expert legal advice for landlord and tenant disputes for clients from across the North West and Cheshire.
Call today or complete the enquiry form and we will get back in touch with you quickly.
We will always respond promptly, and we will be happy to help.