Tenancy Deposit Claims: What you need to know
Landlords are obligated to protect deposits taken on assured shorthold tenancies in a government-approved tenancy deposit protection scheme within 30 days of receiving it. The deposit must be protected throughout the tenancy. Landlords or their agents must also provide their tenants with the following documents within 30 days of receiving a deposit:
- A deposit protection certificate; and
- The information prescribed by Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
What is a Tenancy Deposit Claim?
In England and Wales, 4.3 million deposits are protected and the average deposit is just over £1,000; the average deposit for London properties is closer to £2000. It is estimated that landlords do not correctly protect around 50% of deposits.
If a landlord has failed to adhere to the requirements of the relevant legislation, the tenant may be entitled to compensation of between 1 to 3 times the value of their deposit. This can increase in cases where there are multiple breaches.
The standard time limit for these types of claims is six years, starting from the date when the claim arose. The exact date would depend on the terms of your tenancy and the terms of the deposit scheme if one was used.
How we can help tenants with a Tenancy Deposit Claim
If one of the following options applies to you, then we can help you obtain compensation:
- Your deposit was not protected;
- Your deposit was not protected within 30 days of your landlord or their agent receiving it;
- You did not receive a deposit protection certificate or did not receive it within 30 days; and
- You did not receive the prescribed information or did not receive it within 30 days.
The steps we would take to assist you are as follows:
- Ascertain what information you received in the 30 days after paying your deposit;
- Review any relevant documents. For example, your tenancy agreement, the prescribed information and your deposit protection certificate;
- Write a letter of claim to your landlord or their agent to set out the basis of your claim and append any evidence;
- Negotiate a settlement for the sum of 1 to 3 times the value of your deposit; and
- If a settlement cannot be achieved, we will issue a Part 8 claim against your landlord.
How we can help landlords to defend a Tenancy Deposit Claim
If you are a landlord that has received a letter of claim in relation to a tenancy deposit claim, we can help you. The steps we would take are as follows:
- Review the letter of claim received;
- Ascertain whether the claim is valid;
- If the claim is not valid, respond to the letter of claim in your defence; and
- Negotiate a reasonable and proportionate settlement.
At Stone Rowe Brewer LLP, our reputation is based on continually exceeding our customer’s expectations and delivering results in a straightforward, honest and open manner. We provide high-quality legal services for individuals and businesses. Our litigation lawyers are practical and efficient. They will ensure you are fully informed of the options available and will support you through every step of the tenancy deposit claim process. If you would like further information, you can speak to a member of our staff on 020 8891 6141, or contact Jamie Jones or Paige Symns to discuss your claim.