If you are a tenant in an assured shorthold tenancy (AST) agreement, your landlord is legally obligated to protect your deposit through a Government-backed tenancy deposit scheme – either The Deposit Protection Service (DPS), MyDeposits, or The Dispute Service.
Deposit Protection: What Your Landlord Must Do
The law states that your landlord has 30 days to protect your deposit once you have paid it. Then, within these same 30 days, your landlord must provide you with ‘prescribed information’ in writing, which contains the details of your deposit protection.
Getting Your Deposit Back: How We Can Help
If your landlord is refusing to refund your tenancy deposit, or you are having trouble getting the money back, our expert housing law solicitors can help you. After an initial discussion about your case, we will assess the scenario and advise you on the wisest course of legal action. If you are entitled to compensation, we will work hard to quickly obtain it for you.
Call 0161 224 3311 to discuss your case with us, or send an email to email@example.com and we’ll be in touch.
Take a look at our FAQs below for more information.
Am I in an ‘assured shorthold’ tenancy?
If you rent your home from a private landlord, it is likely that this is through an assured shorthold tenancy agreement.
If you moved into the property between 15th January 1989 and 27th February 1997, your landlord had to give you a notice – before the start of the tenancy – stating that this was through an assured shorthold tenancy. If, on the other hand, your tenancy started before 15th January 1989, you probably have a ‘regulated’ tenancy agreement with your landlord – which is different.
If you are a lodger living in the same property as your landlord, or you are a student living in halls of residence, this won’t be an assured shorthold tenancy.
What ‘prescribed information’ does my landlord need to give me?
All of this is detailed in The Housing (Tenancy Deposits) (Prescribed Information) Order
When you have paid your deposit, your landlord has 30 days to give you the prescribed information. If they don’t, you will be entitled to claim compensation under the county court.
What happens if my landlord doesn’t protect my deposit?
You can notify the county court, which can then order your landlord to either refund your deposit orpay it into a Government-backed tenancy deposit scheme within 14 days.
The court can also order your landlord to pay you compensation (between one and three times the amount of your tenancy deposit figure) within 14 days.
Will I have to go to court?
Usually not. In the majority of cases we can reach an out-of-court settlement within the first four weeks.
We have prepared a free letter for you to use when you believe your landlord has failed to keep your rented house in good repair
At WTB Solicitors we only act for tenants, giving you the best legal advice and achieving the best possible outcome to your case
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Ben Taylor is the head of the housing department and he has been dealing with tenants issues for more than 20 years