Your landlord will have to pay your deposit back to you before they can evict you with a section 21 notice if: your deposit wasn't protected and it should have been; your deposit was protected late; Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. Make sure you understand any fees or costs you'll have to pay before you sign any agreement. We use cookies to improve your experience of our website. Find out about call charges. You have 6 years to claim from the date the rules were broken. Landlords have an obligation to pay deposits received from tenants into a government deposit protection scheme and if they fail to do so within 30 days, you could be eligible to claim. If the court finds your landlord has not protected your deposit, it can order them to either: repay it to you; pay it into a TDP scheme’s bank account within 14 days If the court finds your landlord has not protected your deposit, it can order them to either: The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. At present landlords must protect a deposit with an authorised scheme within 30 days of receiving it. The 30 days runs from when you paid your deposit, even if you signed your tenancy in advance and it didn't start until a later date. My deposit hasn’t been paid into a protection scheme Your landlord must return your deposit, minus any damage costs. Don’t include personal or financial information like your National Insurance number or credit card details. For example, your landlord or agent might: agree to carry out repairs that have been left outstanding, consider allowing you to leave a fixed term tenancy agreement early, reconsider deductions from your deposit that you feel are unreasonable. At the end of the tenancy, landlords must return the deposit within 10 days of both landlord and tenant agreeing how much will be returned. If your landlord or agent hasn’t protected your deposit correctly, it's harder for them to evict you and you can claim compensation. 88 Old Street, London, EC1V 9HU Cookies Shelter’s site uses cookies. It's best to wait until your tenancy ends before starting legal action. You can claim compensation during your tenancy or after it ends. I doubt that my landlord hasn’t protected my deposit, how can I check if my deposit is protected? If your landlord fails to protect your deposit, they cannot use a Section 21 notice to evict you, and you can apply to the county court to award a penalty for non-protection. If a tenant does not give you a deposit there is no need to protect a deposit that does not exist. We’ll send you a link to a feedback form. They registered us as tenants with the DPS about 3 and a half months after our tenancy started, but they never got round to registered and protecting our deposit. The court fee is £308. There is choice of 3 government backed schemes to use for deposit protection: Deposit Protection Service (DPS) MyDeposits; The … You can apply for money off your court fee if you claim certain benefits or have a low income. It will take only 2 minutes to fill in. 4th Feb 2017. thinkmoney. Telephone: 0300 037 1000 If you did not protect the deposit you may be liable for sanctions but you can counter claim for the damages or file them first. Tenancy Deposit Protection Claims: Claiming compensation if a deposit is not protected. If your landlord hasn’t protected your deposit and provided the required information within 30 days, they can be taken to the county court and it can be more difficult for them to end your tenancy. Your landlord or agent chooses which scheme to use. To make a claim or if you wish to find out more about seeking compensation, you can: deposit isn't protected properly; landlord hasn't given you the prescribed information in the correct way; This means you're better off waiting until you're ready to end your tenancy before you take your landlord to court. If your landlord or agent hasn’t protected your deposit correctly, it's harder for them to evict you and you can claim compensation. But it may be too late to claim even if the rules were broken. These decisions meant that where a deposit had not been protected it was relatively easy for landlords and agents to avoid any of the penalties as included in section 214 of the Housing Act 2004. Found out today that after 9 months here in my rented house, my landlord hasn't protected my deposit in any of the three uk schemes that he is le The tenant (or any relevant party to the deposit) could possibly instigate court action if the landlord fails to protect a tenancy deposit correctly. Anyway, here it is: We believe that our landlord has failed to protect our deposit in accordance with Section 213 of the Housing Act 2004 and in accordance with our lease (attached as appendix XXX). Telephone: 0330 303 0030. Our Tenancy Deposit Claims Solicitors are experts at claiming compensation for tenants who have faced issues with their landlord about deposit protection schemes and getting their deposit … was protected more than 30 days after the start of your most recent contract If you take your landlord to court before your tenancy ends, the court might order them to protect your deposit and give you the prescribed information. If your landlord has failed to comply with the tenancy legislation, you could take steps to seek compensation, between 1 to 3 times the deposit amount. My tenancy deposit wasn't protected - how to claim. If you think your landlord has not protected your deposit, you can ask a I doubt that my landlord hasn’t protected my deposit, how can I check if my deposit is protected? If you mean you did not give it back then you would make a claim with the deposit protection company you gave it to. My Landlord hasn’t protected my deposit(he’s also tried to serve me notice via text message of one month as well). It can be quicker and cheaper to write to your landlord, rather than going to court. You should only consider claiming while you're still a tenant if: you understand the risk of section 21 eviction. If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either: Repay it to you; Pay it into a custodial TDP scheme’s bank account within 14 days; The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. You can claim this back from your landlord if you win your case. The court looks at how the landlord or agent has behaved. All content is available under the Open Government Licence v3.0, except where otherwise stated, Private renting for tenants: tenancy agreements, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, If your landlord doesn't protect your deposit. You can't get legal aid for a compensation claim but there may be other ways to get free legal advice. Basically I started renting my current place on 27th February, I paid one months rent and a deposit, signed a contract. The agency have told me they don't actually manage the property just find tenants, and the rest of the process is up to the landlord. You can change your cookie settings at any time. My landlord hasn’t protected my deposit! If your landlord does not comply with the rules, you can make an application to the county court to order that: I/We have verified with all four schemes that the deposit you hold was NOT protected by any scheme. From 6 April 2012, the period was extended to 30 days as it is currently. I’ve taken some legal advice and they’ve told me that i must write to him requesting he protects my deposit before i take him to small claims court. The court will consider whether to direct the landlord to pay the deposit back to the tenant and could issue a penalty of up to three times the value of the deposit as compensation to the tenant. Company number: 1‌038133 Your landlord can only give you a valid section 21 notice in this situation if they return your deposit first. You don't need a solicitor but it's a good idea to get legal advice if you can. Tenancy Deposit Scheme For example, the court might award less compensation if the: landlord protected the deposit as soon as they realised their mistake, deposit was protected on time and it was only the written information that was late. If your landlord hasn’t protected your deposit, then you can apply to your local county court, but it’s wise to seek legal advice first. The changes were meant to correct the errors in the original drafting and give the Housing Act 2004 real teeth. We have a team of experienced lawyers enforcing tenant’s rights against landlords, ensuring we obtain compensation for YOU when your deposit hasn’t been protected correctly. Your landlord can’t use the section 21 eviction process if either your deposit: is unprotected. Authorised and regulated by the Financial Conduct Authority, leave a fixed term tenancy agreement early. Your landlord can’t use the section 21 eviction process if either your deposit: was protected more than 30 days after the start of your most recent contract. In the UK it's the law to put a deposit into a protection scheme and is required by all landlords to do so, you have 30 days by law to place the deposit in the scheme or the renter can take legal action. Your deposit must be protected by law, so you could take your landlord to court if you can prove they didn’t pay your deposit into a scheme. Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice Tenancy deposit protection: Get help and advice - GOV.UK Skip to main content You’ve accepted all cookies. deposits@tenancydepositscheme.com The law states that every Landlord who takes a deposit from a Tenant has to protect that deposit by lodging it with one of 3 tenancy deposit protection schemes. 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my landlord hasn't protected my deposit 2021