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June 16, 2020

Getting your deposit back from a landlord

Landlord not returning your deposit? Here's what to do.

If you’ve rented any form of accommodation from a private landlord and have an Assured Shorthold Tenancy, you could be eligible to make a no win no fee claim for damages against them, as well as claiming up to 3 times the original deposit amount. 

When you legally hand over a deposit to your Landlord at the start of your tenancy, they must pay your deposit into one of three authorised deposit protection schemes within 30 days of receiving your deposit.

The government approved tenancy deposit schemes are designed to make sure you get your deposit back when you;

  • Meet the terms of your tenancy agreement
  • Have not damaged the property
  • Paid the necessary rent and bills

Often, the relationship between landlord and Tenant can turn sour, if that landlord has not fulfilled their legal obligations to you, the tenant. In this case, you may want to make a claim and make sure you get what you are owed. 

How can I make a claim against my landlord?

If your landlord has not done one of the following then you may be entitled to make a claim against them:

  • Not put your deposit into an authorised tenancy deposit protection scheme
  • Not sent you any of the prescribed information (see below) that they are required to send by law, within 14 days of taking your deposit
  • Sent no written confirmation from a scheme administrator that the deposit is being held

Not sure if you have any of the above. Our team of experts can review that for you. Get started below:

OUR SOLICITORS FOR TENANTS

Natasha Batty

Natasha Batty

Principal Solicitor


Speak directly with our Principal Tenant's solicitor based in our Heswall office.  No call centres or inexperienced legal advisers, just FREE expert advice on laws for tenants and landlords. 

PROMISE
NO WIN NO FEE

No win no fee solicitors for tenants

Take away some of the risk when it comes to making a claim. No win no fee means you only pay solicitors fees for landlord compensation claims when you are successful. 

What is prescribed information?

This is all information that relates to your tenancy and the landlord is legally obliged to provide to you, the tenant. It includes:

  • The deposit amount
  • The address of the property
  • Contact details of the administrator of the tenancy deposit scheme (where your deposit is being held)
  • Procedures relating to the tenancy deposit scheme, for example under which circumstances should the deposit be paid or repaid to the tenant at the end of the tenancy
  • Contact details of your landlord  and any other parties who have contributed to your deposit

A Case Example

Ayanugga v Swindells (2012) CA (Civ) 6

The Tenant paid a £950 deposit to the landlord and the landlord had put the deposit into an approved scheme.


However the landlord made a mistake and failed to provide the prescribed information to the tenant and this proved to be of great importance.


The landlord was ordered to pay 3 times the deposit back along with the original deposit


£2850 + 950 - £3800

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