A Government-approved tenancy deposit protection scheme, deposits, recently reviewed a case that involved a tenant whose landlord was not contactable when the money was supposed to be returned already. Luckily, the landlord protected the £1,800 deposit through my deposits.
Tenancy deposits are required of letting agents and landlords in England who are on an assured shorthold tenancy that began after April 6, 2007. The deposits are registered with any of the three government-approved tenancy deposit schemes or TDP, which include my deposits.
TDPs are intended to protect tenant deposits or security deposits so they remain safe and untouched until the end of the tenancy. They are protected so landlords cannot use the money for personal purposes. Landlords are required to register the deposit into the scheme 30 days or less after receiving it.
When the tenancy ends, tenants can get back the money they deposited provided that they meet the tenancy agreement terms, did not cause property and content damage, and diligently and completely paid bills and rent.
Tenancy deposit protection laws indicate that landlords and tenants must agree on the amount to be returned. Additionally, landlords are given only ten days to return the deposit to the tenant. If the landlord does not comply or refuses to acknowledge the request, a dispute can be filed along with a tenancy protection compensation claim.
In the case that my deposits were reviewed, the tenant had to resort to legal means to get back the deposit as the landlord was unresponsive.
Table of Contents
Details of the dispute
According to my deposits, when the tenancy agreement ended, the tenant got in touch with the landlord to request for the deposit to be returned. However, the landlord could not be contacted and the money was being withheld for no understandable reason. The tenant eventually got in touch with my deposits and raised a dispute.
The tenant presented several pieces of evidence, specifically the Deposit Protection Certificate that serves as proof of the deposit protection and several items showing the tenant’s futile attempts at contacting the landlord.
Mydeposits also contacted the landlord, but it was all to no avail. The landlord still did not respond. This led the scheme to award the tenant the £1,800 that the landlord owed. According to the rules, if landlords cannot submit the disputed amount to the scheme in the ten days provided to them, the no-contact will be regarded as permission for my deposits’ Alternative Dispute Resolution service to hear the dispute.
The adjudicator found the tenant’s dispute valid and ruled that the landlord failed to fulfil his obligation in returning a protected tenancy deposit. Aside from awarding the tenant with the deposit amount, the landlord also loses their membership to the scheme.
The dispute resolution that the tenant used successfully f is a free service provided by all TDP schemes.
The landlord involved in my deposits case is just one of the many rogue landlords in the UK and Europe. These landlords have no regard for the law and tenancy rules. They do not meet the legal qualifications needed to offer safe accommodations to tenants.
Rogue landlords are also involved in unlawful activities, such as asking tenants to pay unlawful fees, renting properties without a license, renting unsuitable and unsafe accommodations like a garage or shed, renting a property that is in a poor state of repair, illegally evicting or harassing a client, and not protecting tenancy deposits.
What landlords should do
As mentioned above, landlords are required by law to protect the tenancy deposit within 30 days after it was handed to them. They should also provide the following information to their tenants:
- the amount of deposit paid
- how the tenancy deposit is protected
- the rented property’s complete address
- the TDP scheme details, such as name and contact information
- the TDP scheme’s dispute resolution service
- how to get back the deposit
- how to file a deposit return dispute
- what to do if the landlord cannot be contacted when the tenancy ends
- the landlord’s name and contact information
Landlords are expected to provide the above information to their tenants in 30 days (or less).
If the landlord does not protect your deposit
If your landlord has not protected your deposit, you can file a tenancy deposit claim that can give you the compensation that’s worth at least one to three times more than the deposit amount you paid. For example, you paid your landlord a £500 tenancy deposit, you potentially stand to receive a compensation of around £1,500.
To help make the tenancy deposit protection claims process easier, get in touch with a team of experienced solicitors who specialize in cases like yours. This can be a team that is dedicated to protecting you and your legal rights. They will guide you through every step of the way.
You won’t have to worry about expenses because these solicitors have a no-win-no-fee policy. This means that even if you lose, you will not have to pay anything. In addition, there are no upfront payments. Most of all, the tenancy deposit claims team of solicitors are authorized and regulated by the Solicitors Regulation Authority.
Get in touch with the team today at Tenancy Deposit Claims and improve your chances of filing a successful tenancy deposit compensation claim.