If you’ve rented any form of student 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 and you could be entitled to as much as 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
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
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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