Tenancy deposit claims
Landlords who fail to protect an assured shorthold tenant’s deposit lose their right to evict and face court claims for compensation.
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How does a tenancy deposit work?
The Housing Act 2004 requires landlords and letting agents to protect deposits on assured shorthold tenancies. If your tenancy deposit is not protected, then it means you could be in a position of tenancy deposit claims. Deposits on assured shorthold tenancies (ASTs) must be protected with a government-approved scheme.
The landlord – or lettings agent – must have protection schemes in place, and issue prescribed information to the tenant within 30 days of receiving the deposit.
The landlord or lettings agent must provide the tenant(s) – and anyone 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’ and must be issued within 30 days of receiving the deposit.
DIYPI will carry out a free check on your behalf, to ensure your deposit is – or was – secure, and in legal compliance with the scheme put into place by the Government. This extends to any deposit within the last 6 years that may not have been secured in a Government scheme
Did you know?
Around £1.2bn worth of deposits are not protected in tenancy deposit schemes. Landlords who fail to protect an assured shorthold tenancy deposit lose their right to evict and face court claims for compensation.
Protecting Your Rights – Seeking Legal advice and or representation can be daunting and stressful when making a claim for compensation. We continue to fight for your right to receive access to justice. Our specialist solicitors are there for you every step of your legal journey.
You are entitled to be compensated for any landlord or Agent that has breached the Deposit Protection Rules regardless of whether you have received your deposit back in full or not .
If you are a tenant living in private rented accommodation with assured shorthold tenancies and you think your deposit it not protected or has not been protected within 30 days of sending the deposit money then you can make a claim for compensation. This applies to any deposit within the last six years that may not have been secured in a Government Scheme.
What is a Tenancy Deposit?
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.
What is Tenancy Deposit Protection?
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.
What is Prescribed Information?
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.