We're Sorry We Can't Help You
So, What Next?
Reasons We Can't Help
Commercial Leases
Tenancy Deposit Claims are in relation to Section 213 of the Housing Act 2004 which states that a landlord (or agent) who signs an Assured Shorthold Tenancy agreement with a tenant, requiring a security deposit, must protect that deposit in one of the 3 government approved schemes within 30 days. This piece of legislation directly relates to the private rental sector only. Failure to do this may result in financial penalties laid out in Section 214.
For commercial enquires, we recommend that you contact a local legal service whom specialises in commercial law.
Section 9, Limitation Act 1980
Deposit compensation claims are subject to the Limitations Act 1980 and time limit for taking action is 6 years from when the breach occurred.
Lowe vs Charterhouse is a common case study in the argument of limitation, which ultimately, Lowe was unsuccessful in arguing.
Lodgers AKA Excluded Tenancy Agreements
Tenancy Deposit Protection Claims can only be issued in accordance with Section 213 of the Housing Act 2004, which requires a landlord (or agent) to protect the deposit if the tenancy agreement is an Assured Shorthold Tenancy, whereby only the tenant(s) resides in the property as their primary residence.
Most lodgers will have an Excluded Tenancy, which can be issued when both the landlord and tenant consider the house as the primary residence. Your landlord does not have to protect your deposit in a scheme if you’re a lodger.
If you’re a lodger, please visit Shelter for more guidance regarding the return of your deposit.
You Never Moved In
If you didn’t move into the property, technically Section 213 of the Housing Act 2004 has not been breached and you’re unable to make a tenancy deposit compensation claim.
Shelter may be able to give you advice regarding your deposit if you did not move into the property.
Tenants In Scotland
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements. Scotland has it’s own distinct jurisdiction for property law and therefore, we can only assist with cases relating to tenancies in England & Wales.
Shelter Scotland has some useful advice should you need go to a tribunal for an unprotected deposit.
Tenants With Arrears
If you have you have fallen behind on your rent and owe your landlord unpaid monies, it can complicate the bringing of any claim. The basic rule of thumb is that your arrears cannot be equal to or higher than the minimum claim value.
If you do have rent arrears and also believe you have a claim for your deposit not being correctly protected, the best thing to do is get in touch with our team so we can review the specific details of your case.
Need To Talk To A Tenancy Deposit Scheme?
If your deposit was protected and you’d like some tips on how to work with the tenancy deposit scheme, please download our easy to follow ‘Your Deposit Is Protected, What Next?‘ guide which will give you advice when dealing with deposit schemes.