Since April 6 2007 if a Landlord receives a deposit from a Tenant in relation to an Assured Shorthold Tenancy, they must:
- Within 30 days of receipt of the deposit, protect the deposit within one of three government-backed schemes. The three government-backed schemes are Mydeposits, DPS and TDS.
- Provide the Tenant with the required prescribed information and a scheme leaflet confirming the whereabouts of the deposit.
If the Landlord has not complied with the law the Tenant has a claim against the Landlord. The Tenant is able to make the claim even if they have moved out of the property and had their original deposit returned to them.
The legislation provides that a Court must award the Tenant an amount not less than one times the amount of the deposit and not more than three times the amount of the deposit for each breach of the legislation.
The Tenant is also entitled to request the return of the deposit amount itself if this has not already been returned.
- If a deposit = £500.00
- Claim value = Between £1,000.00 and £2,000.00
If you are unsure as to whether your deposit was protected, we can use the information contained within your tenancy agreement to conduct checks to determine whether you have a claim. For a free 10 minutes telephone consultation contact our housing litigation department on 0330 123 1131. If further time is required we do offer a 40 minutes telephone consultation for £60 including VAT.