Nowadays, when you rent out a property you will almost always need to pay a deposit. This deposit is an assurance for the landlord. It should be held in a tenancy deposit scheme – the landlord cannot spend it. If you return the property to the landlord in a bad condition, i.e. with smashed tiles or other problems that do not fall under general wear and tear, they could be able to use the deposit in order to rectify the issue. They should then return any money left over to you. However, what happens if your landlord is refusing to repay your deposit and you don’t believe that their reason for doing so is valid? If this has happened to you, you may be entitled to tenancy deposit compensation. In this guide, we will reveal everything you need to know about making a tenancy deposit compensation claim. Here at Accident Claims UK, we have many years of experience in the industry and we have helped a lot of people to get the payout they deserve. If you want to find out more about taking your landlord to court for not protecting deposit, we could assist. All you need to do is give us a call on 0800 073 8801 to discuss the specifics of your case. However, before you do this, make sure you continue reading to discover everything that you need to know about these sorts of claims.
Select A Section
- A Guide To Claiming Tenancy Deposit Compensation
- What Is Protection Of You Tenancy Deposit?
- Rules For How Tenancy Deposits Should Be Protected In England And Wales
- In What Ways Should Rental Deposits Be Protected?
- How Do I Find Out If My Deposit Has To Be Protected?
- How And When Should My Rental Deposit Be Returned?
- When Could I Qualify To Claim Compensation?
- Could I Claim Compensation If Part Of My Deposit Was Paid Back?
- Could I Claim Compensation If All Of My Deposit Was Paid Back?
- Evidence Which Can Help Support Your Compensation Claim
- How To Write To Landlord To Provide Notification Of A Claim
- Will I Have To Go To Court?
- What Could Happens If My Case Goes To Court?
- How Tenancy Deposit Compensation Is Calculated
- No Win No Fee Claims Against A Landlord For Tenancy Deposit Compensation
- How A Tenancy Law Solicitor Could Help You
- Contact Our Experts Today
- Related Guides And Government Resources
In this guide, we aim to give you all of the information you need concerning legal issues surrounding tenancy deposits and the deposit protection scheme. The rental market in the UK is thriving. More and more people are renting properties because of the high house prices and the large deposits that are required to secure mortgages today. In fact, it is estimated that there are around 5 million rental properties in the UK, which are owned by roughly 2 million landlords. These statistics alone show how this industry is thriving.
While a lot of people may rent properties without issue, there is no denying that many of us may have heard horror stories about bad landlords. If you feel that your landlord has not protected your deposit or that they are withholding it without good reason, you may be able to receive tenancy deposit compensation. In this guide, we will answer all of the questions that you may have concerning this. This includes: What can I do if my landlord hasn’t put deposit in scheme? Can I protect my tenants deposit late? How do I know if my landlord has protected my deposit? Do I have to take a deposit from my tenant? How do I get my rental deposit back? How do you get your deposit back from DPS? How long does it take to get deposit back from DPS? What are the three tenancy deposit schemes? If you cannot find the answers you are looking for or you still have queries by the time you finish reading this guide, please do not hesitate to give us a call and we will happily answer all of your queries.
Back in April 2007, laws were introduced to make it compulsory for landlords to pay tenants’ deposits into a certified protection scheme. This was for the benefit of both the landlord and the tenant, ensuring landlords did not spend the tenant’s deposit without permission, as well as ensuring there was a ‘middleman’ should disputes arise. At present, there are three deposit protection schemes in the UK that have been approved by the government. These are: Tenancy Deposit Scheme, MyDeposits, and Deposit Protection Service. If your landlord has not placed your deposit in one of these schemes, you could be eligible for tenancy deposit compensation.
There are rules in place regarding how tenancy deposits should be protected in England and Wales. Please note that this is different for Scotland and Ireland. The rules state that your landlord has to protect your deposit by using any one of the schemes that was mentioned in the former paragraph. Not only this, but you must be informed about the scheme that has been chosen. It is law that your landlord has to protect your deposit for the full duration of your tenancy.
Your letting agent or landlord must provide you with all of the following details:
- The amount of deposit you have paid and the property address it relates to
- What will happen if you do not agree on the refund amount
- How you can get your deposit back
- When deductions could be made
- A scheme leaflet explaining all of the rules
- Your letting agent and/or landlord’s contact information
- Details on the deposit protection scheme they have chosen
As mentioned, there are three approved schemes in place in the UK, which your landlord can use. If they have not, you could be entitled to tenancy deposit compensation. However, this is not guaranteed, and that is because not all deposits must be protected. The best thing to do is give us a call for further clarity, as most deposits do indeed need to be protected. If the law states that your deposit must be protected, and your landlord has failed to do this, you could have cause to launch a case for tenancy deposit compensation.
Perhaps you are contemplating making a claim for tenancy deposit compensation but you are unsure as to whether your deposit has indeed been protected or not? There are a number of different ways to go about this. The first thing to do is contact your landlord or letting agent and to ask if the deposit is protected and for information on this. If they do not provide you with this information, you should try the websites for all of the three scheme providers. You should be able to enter a few details and they should be able to tell you whether or not your deposit is protected there. Details include information like the start date of your tenancy, your surname, the postcode of the rental property, and such like. If you are still struggling, you could simply call up each provider for more assistance. If you cannot find any evidence of your deposit being protected, you could call us to start proceedings for tenancy deposit compensation.
It is important to have an understanding of how and when your deposit should be returned. If you are ending your tenancy, your landlord should return your deposit to you, in full, if you have been paying your rent in full and you have not caused any damage to the property. You should receive this within ten days of the end of your tenancy. If your landlord intends to withhold a portion of the deposit, they should give the remainder to you within this time frame. By law, a landlord is only able to make reasonable deductions from your deposit if they could prove that you have caused them a financial loss. This could be because of excessive damage to the property, which has resulted in repair services being required, or it could be because you have not paid all of your rent, for example. Your landlord cannot withhold your deposit to cover the costs of re-letting the property or general wear and tear. If you feel that this is the case, you could make a claim for tenancy deposit compensation.
There are two main scenarios whereby you could make a claim for tenancy deposit compensation.
- Your landlord did not refund your deposit
- Your landlord did not protect your deposit
If you have got part of the deposit back, could you still claim? You could make a claim for tenancy deposit compensation if you believe that part of your deposit was withheld unfairly. You would need to prove that you have not caused a financial loss to your landlord. Therefore, you first need to begin by finding out why only part of your deposit was returned. If it was partly returned because your landlord is claiming you have not paid all of your rent, then you will need to show that you have paid your rent each month. Bank statements can be useful here. If your landlord is claiming the property was left in a bad state, you would need to show that there was only an acceptable level of wear and tear, and nothing worse.
If the deposit was not protected or if the tenant was not informed of how it was protected, there could be grounds to claim tenancy deposit compensation. A good thing to do is give us a call and explain your situation and we will be able to shed further light on whether or not this is the case.
When making a claim for tenancy deposit compensation, gathering evidence is critical. Here are some of the pieces of evidence you may wish to accumulate:
- Print out any searches conducted on tenancy deposit protection sites
- Records of rent payments
- Letters to and from your landlord
- A receipt or confirmation of the deposit you paid
- A copy of your tenancy agreement
Before you start a claim for tenancy deposit compensation, it is advisable to write a letter to your landlord so you could explain the action. A formal letter must explain the details of the claim. If a letting agent has managed the deposit on behalf of the landlord, you may be able to make a court claim against them. You could find templates online for drafting these letters. However, it is sometimes better to use the services of a professional so that you can ensure the letter is expertly crafted. We could assist with this as part of our service.
It is not guaranteed that you will need to go to court. In fact, not all tenancy deposit compensation cases today are settled inside of the courtroom. Your landlord may decide to make you an offer to settle or they may agree with your claim and pay it in full or part. If your landlord makes you an offer, your lawyer could advise on whether they believe this is acceptable or whether you should go to court. If you want to accept the offer, you could withdraw the court case, so long as your landlord pays your court fee and the amount in full.
If your tenancy deposit compensation case does go to court, we could be able to help you prepare for this. You may need to go to court if your landlord does not agree with your claim and has decided to challenge it. You may also need to go to court if your landlord has not responded within the permitted time. The court should supply you with a deadline for providing all of the necessary evidence. Again, a solicitor that we could provide could help you to gather all of this information to ensure that your case is as strong as possible.
Needless to say, you may want to know what sort of tenancy deposit compensation you may get. You don’t need a claims calculator to figure this out. Generally speaking, you could be able to claim between one and three times your initial deposit. Simply refer to the table below to see some examples.
|How much was your deposit?||Potential payout|
|£500||£500 - £1500|
|£1,000||£1,000 - £3,000|
|£1,500||£1,500 - £4,500|
When looking for a solicitor to handle any sort of case, one of the most important elements you will be interested in is how much they charge for their service. Here at Accident Claims UK, this is something you do not need to worry about considering we will always connect you with a lawyer that would secure tenancy deposit compensation on a no win no fee basis. You may have heard this term before but if you have not required legal services within the past few years then you might be not so sure of what it actually means. No win no fee basically means that you are only going to pay for a service if it is successful, i.e. if tenancy deposit compensation is secured. If your claim for your tenancy deposit scheme compensation is unsuccessful and you do not receive any payout, then you wouldn’t have to pay anything for legal services. This eliminates the financial worry that people may experience when it comes to making a claim. They may worry that they will spend their hard earned cash on legal services but they will not receive anything in return. Of course, this is an understandable concern. Going down the traditional route and making a claim is always risky. However, this is something you will never have to worry about with our provided lawyers’ service. This also guarantees that you will benefit from a quality service. After all, the solicitor working on your case is going to be accountable for the service that he or she provides, and so this means there will be a much greater chance of them working as hard as possible to win your case. Of course, you should expect this when paying for any sort of service, but with no win no fee at least you could have peace of mind that this will be the case, so you don’t have to worry.
There is no denying that there are a lot of firms in the UK that could help you to make a claim for tenancy deposit compensation. So, why should you choose our service? Well, there are a number of different reasons. This includes the fact that we have many years of experience in the industry and we have handled many cases for compensation before. Therefore, you know that you have a company with a high level of experience assisting you. You will be provided with a tenancy deposit compensation solicitor with years of specialist experience, giving you complete peace of mind.
Aside from the points that have already been mentioned, you may find it a struggle to find another company that will provide you with free legal advice on making a tenancy deposit protection compensation claim. A lot of companies out there will charge you simply for a consultation. You can be certain that this will not be the case when you give us a call – there is no obligation and no charge for our advice. We will be more than happy to talk to you about your claim, as well as the process entailed. No matter whether you want to get started or you simply want to know how strong your case is, please do not hesitate to give us a call.
If you would like to make a claim for tenancy deposit compensation, it is important to ensure you have an experienced and reputable solicitor in your corner. This is exactly what you have with an Accident Claims UK provided solicitor. We have handled many tenancy deposit compensation claims before, so you can be sure you will have a great chance of getting the payout you deserve when you use our service. For more information about what we can do for you, or to simply ask any questions, all you need to do is dial 0800 073 8801. Alternatively, you can enter your contact details on the homepage of our website, as well as leaving your preferred time for us to call, and we will get back to you. Or, you can send a live chat message via our website to one of our advisors who will answer immediately. There are so many ways to give in touch with us, so you can choose the most convenient option for you.
Government’s page on deposit protection – Here you can read what GOV have to say about the deposit protection scheme.
GOV Advice on Next Steps – This shows GOV’s advice on what to do if your deposit wasn’t protected.
Government’s Page on Private Rentals – Information on private property rentals
Landlord compensation claims – If you are considering a claim against a landlord, you may wish to read this guide.