Tenancy Deposit Protection Claims
Frequently Asked Questions
Our Team Of Experts Answer The Most Popular Questions About Tenancy Deposit Protection Claims
Tenancy Deposit Protection Schemes
If the tenancy agreement is an Assured Shorthold Tenancy (AST), the deposit must be protected in 1 of 3 government-backed Tenancy Deposit Schemes (TDP). The purpose of the scheme is to ensure the tenant’s deposit is safe and to make sure they get back what they’re owed at the end of the tenancy.
The majority of private tenancy agreements in the UK are automatically classed as assured shorthold tenancies. Any private rental agreement starting since 1998 is likely an AST.
Your tenancy agreement is likely not an AST if;
- your tenancy was agreed to before 1998
- your rent is higher than £100,000/less than £250 per year
- if your tenancy agreement is with a local council
- the agreement was for a business premises
Your landlord cannot charge you an additional fee in order to place your deposit in a Tenancy Deposit Scheme. If there are any charges associated with the protection of the deposit, this should be paid for by the landlord or letting agent.
There are 3 authorised deposit protection services operating in England & Wales and they are;
- Tenancy Deposit Scheme (TDS)
- Deposit Protection Service (DPS)
- MyDeposits
Your landlord or letting agent must secure your deposit in 1 of the 3 government-backed schemes within 30 days of receiving it from you. In addition to this, they must also inform you which scheme they have used and provide you with details regarding the scheme, also known as prescribed information.
The landlord or letting agent has 30 days from the date they receive the deposit from you, to secure the deposit in a tenancy deposit scheme. Failure to protect the deposit within the timeframe specified is a breach of the tenants rights and the Housing Act 2004.
Your tenancy deposit should remain safe and secure in the deposit scheme until the day your tenancy ends and you leave the property, as a minimum. Removing your deposit scheme early would be a breach of your rights as a tenant and the Housing Act 2004.
Also known as ‘prescribed information’, your landlord or letting agent must give you their own contact details and details of the tenancy deposit protection scheme they are using.
They must also give you an information leaflet from the deposit protection scheme and information that clearly states the correct the deposit amount and accurate address of your tenancy.
Simply put, your landlord or letting agent may have broken the laws of the Housing Act 2004 and the tenant may be owed compensation as a result. Contact Tenant Angels if you believe your deposit was not protected correctly by your landlord.
Tenancy Deposit Protection Claims
No, your landlord or letting agent will have NO way of knowing that we have discussed a potential tenancy deposit claim. All of our communication with you is 100% confidential. Your landlord will not be made aware that you intend to claim against them. The first time they will be notified is after you sign paperwork from our solicitor instructing them to begin your claim.
This is totally your choice. Some clients do decide to bring a claim whilst living in the property, usually when they are already planning on moving out or when the relationship with the landlord has broken down.
You are under no obligation to start a claim whilst still living in the property. Many of our clients complete all of the necessary steps and then place the claim on hold until they move out or close to moving out.
Our friendly UK based team will happily discuss your options with you to find the best and most appropriate solution.
Absolutely. Due to the Limitation Act 1980, you have 6 years from the date the breach occurred to make a claim. This could be the date that your last tenancy agreement was signed or the date your fixed term ended and became a periodic (rolling) monthly agreement.
Tenancy Deposit Claims are restricted by the Limitation Act 1980. This means you have 6 years from the date the breach occurred to make a claim. This could be the date that your last tenancy agreement was signed or the date your fixed term ended and became a periodic (rolling) monthly agreement.
Every case and the outcome will vary. Whilst there are several factors to consider, tenancy deposit claims range between 1x and 9x your deposit value. If you paid a £1,000 deposit, you may receive £2,000 or £10,000. During your free claim review, we’ll be able to give you an indication of what your claim might be worth.
Nope. Nothing. Zilch! As a company, the service we offer is entirely free of charge. We review your case, double check your deposit protection to ensure you have a valid claim and we prepare everything for you free of charge. Legal representation is then supplied to you on a no win, no fee basis. This ensures everyone has access to legal assistance, without worrying about huge bills.
When the claim is won and settled, the solicitor will take a modest success fee and all of their legal costs will be recovered directly from the landlord.
Whilst having a copy of your tenancy agreement might help, it is not essential.
In many cases, we can gather enough evidence you may have to prove a claim. If you’ve lost your tenancy agreement, please don’t worry and contact us instead.
Even if your full deposit has been returned to you, if it was not correctly protected, you would still have a valid claim for compensation. The law is very simple to follow and landlords must be fined to prevent them doing the same to other tenants, particularly those who do not receive their deposit back through no fault of their own.
If you have unpaid rent arrears, we will need to speak to you before we can establish whether you can make a claim. Cases like this can be complex, so please do contact us to find out more. There will be no judgement, just honest & friendly help.
It is important that you seek advice right away, especially if you are not certain your deposit has been protected. Each of the 3 schemes offer a 90-day window to dispute any deductions, and sadly we see lots of cases when unscrupulous landlords will drag things out, making excuses and continued delays to try and make you miss this deadline.