Below are the questions we are most commonly asked about tenancy deposit claims
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A tenancy deposit is a sum of money that a landlord requires a tenant to pay at the start of the tenancy or which the landlord holds over from a previous tenancy with the same tenant. The money is security, in case the tenant does not meet their obligations in connection with the tenancy.
Deposits on assured shorthold tenancies (ASTs) must be protected with a government approved scheme.
The landlord or agent must protect the deposit and issue prescribed information to the tenant within 30 days of receiving the deposit.
Tenancy deposit protection is a requirement of the Housing Act 2004.
The landlord or agent must provide the tenant(s) and any one who paid the deposits on behalf of the tenant (classed as ‘relevant persons’) with specific details of the deposit protection and a leaflet explaining how TDS works. This is called prescribed information. It must be issued within 30 days of receiving the deposit.
You have 6 years to make a tenancy deposit 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.
No Win No Fee was introduced to help anyone pursue justice even when you can’t afford to pursue it. No Win No Fee allows anyone to take legal action when you are injured as a result of someone else’s negligence. With No Win No Fee claims means you don’t have to pay upfront. You can focus on your recovery rather than worry about any upfront costs.
With No Win No Fee, your solicitor gets 25% of your compensation if the request was successful, but if not successful, you do not have to pay. This is agreed upon before you begin your claim.
To claim compensation for not getting your deposit back, failure to protect the deposit or even late protection, you need a few pieces of evidence. These include:
- The tenancy agreement
- Evidence that you have paid your rent in full and on time
- Evidence that you paid the deposit
- Letters to and from the landlord
- Any evidence that you’ve searched through deposit protection agencies’ sites