A Comprehensive Guide to Tenancy Deposit Protection Claims in England and Wales
If you’re renting a property in England or Wales, it’s crucial to be aware of your rights, especially when it comes to your tenancy deposit. We’re here to guide you through the ins and outs of tenancy deposit protection claims so that you can navigate this process with confidence. Whether you suspect your landlord hasn’t protected your deposit correctly or you’re facing issues getting your deposit back, this guide is your go-to resource.
What Is Tenancy Deposit Protection?
Tenancy Deposit Protection Rules in England and Wales
To understand your rights fully, it’s essential to know the rules governing tenancy deposit protection. These regulations are in place to safeguard your money and ensure a fair process if disputes arise between you and your landlord.
Does my landlord need to protect my deposit?
Absolutely! Your landlord is legally obligated to protect your deposit in a TDP scheme. Failing to do so can result in significant penalties for them.
How do I know if my landlord has protected my deposit?
You might be wondering how to check if your deposit is in safe hands. Fortunately, there are ways to verify if your landlord has fulfilled their duty:
- Ask your landlord: Simply ask your landlord which TDP scheme they’ve used and for the deposit protection certificate.
- Check with the schemes: You can directly contact the TDP schemes to confirm if your deposit is registered with them. If you’re unsure, we provide a free tenancy deposit check and we can review your tenancy agreement to check you’re covered!
What is the process for making a tenancy deposit claim?
If you suspect that your deposit hasn’t been protected correctly, you have the right to make a claim. Here’s a step-by-step process:
- Initial communication: Inform your landlord about your concerns regarding the deposit protection. Give them a reasonable time to respond and rectify the situation.
- Mediation: If your landlord doesn’t co-operate, consider mediation services offered by TDP schemes to resolve the dispute amicably.
- Legal action: If all else fails, you can take legal action to claim compensation, which can be up to three times the value of your deposit. We can handle this entire process for you and if you wish, you can skip steps 1 and 2 and we’ll verify if your deposit was protected without your landlord knowing you’re looking into it.
Can I still claim if I moved out of the property some time ago?
Yes, you can! You can begin a tenancy deposit claim on any property within the last 6 years. As long as you were on an assured shorthold tenancy, and your deposit was not protected correctly, you can pursue a claim even if you’ve moved out.
I have been in the same property for a number of years and have renewed my tenancy, how does that impact my claim?
Each time you renew your tenancy, your landlord should re-protect your deposit or provide you with the necessary information. If this hasn’t happened, it may strengthen your claim for compensation.
My landlord did not provide any ‘prescribed information’, what do I do?
The prescribed information is essential documentation that your landlord must provide when they protect your deposit. If this information is missing, your claim becomes stronger. You can still follow the steps mentioned earlier to make your claim.
What if my landlord doesn’t return my deposit?
If your tenancy has ended, and your landlord hasn’t returned your deposit, you can take action:
- Communication: Contact your landlord and politely remind them of their obligation to return your deposit.
- Dispute resolution: If communication doesn’t work, engage with the TDP scheme you believe your deposit is protected under. They offer dispute resolution services to help you get your money back.
- Legal action: You can consider taking your landlord to court to recover your deposit and if dispute resolution via a TDP scheme isn’t available, this may suggest that your deposit was not protected, which may allow you to bring a tenancy deposit compensation claim.
How do I get my deposit back?
To get your deposit back, follow these steps:
- Check-out inspection: Be present for the check-out inspection, where any damages or issues can be identified.
- Return of deposit: Your landlord should return your deposit within a specified time frame, usually 10 to 28 days, after your tenancy ends.
- Dispute resolution: If there are disagreements about deductions, use the dispute resolution service provided by the TDP scheme.
How do I dispute a deposit from my landlord?
If you disagree with your landlord’s deductions or any part of the deposit return, follow these steps:
- Contact your landlord: Discuss your concerns with your landlord and attempt to reach a resolution informally.
- TDP scheme: If an agreement can’t be reached, involve the TDP scheme. They will provide a neutral platform to mediate and resolve the dispute.
- Legal action: If mediation fails, consider taking legal action to recover your deposit.
Can a landlord ask for more money after I’ve moved out?
Once your tenancy has ended and your deposit has been returned, your landlord cannot demand additional money for damages or repairs. They should have assessed and communicated any deductions during the deposit return process.
Conclusion
In conclusion, knowing your rights as a tenant regarding tenancy deposit protection is vital. If your deposit hasn’t been protected correctly or you’re facing issues with its return, don’t hesitate to take action. Remember, there are laws in place to protect you, and you have the right to seek compensation if those laws are violated.
We hope this guide has been helpful and informative, empowering you to navigate the world of tenancy deposit protection claims with confidence. If you ever find yourself in such a situation, arm yourself with knowledge, follow the prescribed steps, and stand up for your rights as a tenant in England and Wales.
Disclaimer:
This article is provided as a guide. Any information should be used for research purposes and not as the base for taking legal action. Tenant Angels does not provide legal advice and our content does not constitute a client-solicitor relationship.
Why Choose Tenant Angels To Handle Your Tenancy Deposit Claim
We Are Tenants
We have been in your shoes and even to this day, we rent just like you. After a bad experience many years ago, we founded Tenant Angels to ensure every tenant had a voice and a guardian angel looking out for your rights!
Honest Advice
We may not be able to help absolutely everyone, as each set of circumstances can be a little different, but we'll always be 100% genuine and upfront with you and like all angels, we'll look out for you the best we can, all FREE of charge & no obligation.
100% Free
We earn an honest living by helping tenants raise disputes and take on their rogue landlords. We are paid for this work directly by the solicitors we work with, meaning that when you work with us, it won't cost you a penny.
Success
We've won over a thousand successful tenancy deposit claims since 2016 and we won't stop until we have supported and advised every single tenant in England & Wales.
Flexible
Unlike most services that operate 9 til 5, Monday to Friday, we will try and assist tenants all over the country, at a time that suits you, which includes evenings and weekends.
Easy To Understand
One of the reasons so many tenants are put off when seeking legal help is because they soon become dazzled by legal jargon. We explain everything in simple terms and plain English.
Work Out How Much Your Tenancy Deposit Claim Value Could Be Worth
If your landlord didn’t protect your deposit correctly, they may have broken the law and you could be entitled to make a tenancy deposit compensation claim. This claim can be worth 1 to 3 times the amount of the tenancy deposit paid.
The final amount of a tenancy deposit claim is calculated per breach of the law. Possible breaches include;
- Failing to protect the deposit within 30 days.
- Failure to protect the deposit during the entire tenancy, for example, if you renew your tenancy agreement.
- Failure to notify and inform the tenant with information regarding to which scheme the deposit is placed.
To get started, all you need to do is request a free tenancy deposit claim check and if possible, send us a copy of your tenancy agreement. Our service is 100% confidential right up until you choose whether to proceed with a claim against your landlord.
| Deposit Paid | Potential Claim |
|---|---|
£300 | £900 |
£500 | £1,500 |
£700 | £2,100 |
£1,000 | £3,000 |
£1,500 | £4,500 |
£2,000 | £6,000 |
