YOU CAN CLAIM COMPENSATION HERE. The court you’d go to is the County Court. A solicitor might take the case on under a conditional fee agreement - sometimes called 'no win no fee'. Make sure you follow all of the court's instructions and time limits they set. You can ask for compensation if your landlord or agent broke the tenancy deposit rules. Cookies Shelter’s site uses cookies. There is guidance attached on how to complete the form. You must ask for this on the claim form. You could be entitled to claim compensation if you are currently renting a property or have rented property in the last 6 years and where a deposit was paid to your Landlord for your tenancy. Since the introduction of the legislation, millions of deposits totalling billions of pounds have been protected with the providers. Tenancy deposit schemes come in two flavours, insurance based or custodial. If your landlord makes an offer you're happy with, you can withdraw your claim on condition that your landlord pays the amount agreed plus your court fee. Another type of deposit is a Holding Deposit which a tenant will have to pay as a reservation for a rental space before he begins his tenancy and signed a Tenancy Agreement with the landlord. Your tenancy deposit protection (TDP) ... You should write to your landlord and your letting agent (if you have one) before you make a claim. It's best to write or email when you ask for your deposit back - if you do, you'll have a record of when you asked for it. If you are a tenant living in private rented accomodation with assured shorthold tenancies and you think your deposit it not protected or has not been protected within 30 days of sending the deposit money then you can make a claim for … This letter must set out the detail of your claim. The County Court is the lowest court of authority in civil law and will hear small claim cases such as tenancy deposit disputes. Download the forms or pick them up from your local county court. Your landlord or agent may offer to settle your claim after they receive a letter before action to avoid legal costs. You can ask for compensation if your landlord or agent broke the tenancy deposit rules. All you will need are forms of written evidence relating to your tenancy and deposit. The act sets out how you can claim compensation from your landlord if he fails to protect your deposit. It’s important to mention here that you should try and resolve the dispute before going to court. (Such as proof of your tenancy agreement and any documents relating to your deposit). "We help landlords help themselves and increase their yield" Our Vision. You can apply for a fee reduction or exemption if you claim certain benefits or have a low income. We can help you to claim maximum compensation. Your landlord may counterclaim for unpaid rent, missing items or damage you have caused. The act states that compensation should be no less than your deposit and no more than three times the amount. It’s very common for landlords to withhold deposits from tenants and in order to protect tenant deposits from an unfair dispute. You should supply the court with a 'consent order'. The important point here though is that the amount of compensation you can be awarded ranges from one to three times the value of your deposit. Some courts charge a fee for a consent order. There may be other ways to get free legal advice. According to government figures Deposit’s valued upto £300,000 were unsecured in the first quarter of 2017. Remember if you win your case your landlord will have to pay you back for the hearing fee and your N1 claim fee. There is no jury here just a judge. If your landlord doesn't pay, leaflet EX321 explains what you can do to get your money. Evicting a Tenant - DIY versus Using a Solicitor. Our goal at Tenancy Deposit Claims is to provide practical and honest assistance with regards to claims against landlords who do not protect their tenant’s deposit. Find out more, View our coronavirus (COVID-19) housing advice. If a landlord fails to lodge the deposit with one of the 3 tenancy protection within 30 days of the date on which the deposit was provided by the Tenant the landlord will be subject to a penalty of between 1-3 times the amount of deposit paid. Tenancy Deposit Claim If your home is managed by a letting agency, you'll need to contact them instead. Your landlord or agent may send the court their defence along with details of any counterclaim. An important point here is that win or loose you will have to pay your solicitors fees in the small claims court so it is probably best not to use them in court as they’ll be very expensive. You won't get it back if you lose. By continuing to browse, you are agreeing to our use of cookies. We can help you to claim maximum compensation. You'll be given a deadline for providing evidence to the court. © 2021 Shelter, the National Campaign for Homeless People Limited Follow these steps to claim compensation if your tenancy deposit wasn't protected correctly. give you written information within 30 days. Download a Section 21 Notice of Possession, laim compensation from your landlord for failing to protect your deposit, landlord has not protected your deposit within 30 days. Since April 2007, by law and as set out in the Housing Act 2004, landlords have an obligation to pay deposits received from tenants into one of 3 tenancy deposit protection schemes, which are; At the end of the tenancy, the tenant is entitled to a full refund UNLESS the landlord can show, with evidence that they have a claim and may then propose deductions. You don't have to use a solicitor to make an application to the court for a deposit compensation claim. To start your claim in the county court you’ll need a N1 form. Tenancy Deposit Claims Former and present tenants and/or relavant person can claim against the former/present landlords under s.214 Housing Act 2004 for the landlord and/or agents failure to protect the tenants deposit in a tenancy deposit scheme within the prescribed 30 days, and/or failing to provide the tenant with the prescribed information to allow the tenant to check that the deposit … Use the appropriate template letter for your situation: Claim compensation after your tenancy ends, Claim compensation while you are still a tenant, Claim compensation and the return of your full tenancy deposit, Claim compensation and the return of part of your tenancy deposit. Tenancy deposit compensation could amount to 1-3 months of the deposit amount you have paid the landlord. Under the Tenancy Deposit Scheme you can claim compensation if your landlord has not complied with legal obligations relating to deposits. At the trial there will be a judge, the other party and you. If your landlord has not adhered to these rules, you may be eligible to make a tenancy deposit claim for compensation. The county court is a court of first instance (where a civil case is first heard in the trial process). Steps your landlord is required to take include; Paying your rental deposit into one of the three government approved and backed tenancy deposit protection schemes. 08582887. You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. Airbnb Landlord – What do I need to know? www.TenancyAgreementService.co.uk is wholly owned by Life Pivot Limited, Company No. 88 Old Street, London, EC1V 9HU *No Win No Fee (Terms and … and we can help you too. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it. But how is compensation calculated? there are fees you’ll have to pay when issuing a claim in court. By sharing your story, you're helping spread the message of what we do so that we can help even more people. If within the last 6 years you have paid a rent deposit to your landlord you may be entitled to £1000’s in compensation if your landlord did not… This could be more than you paid as a tenancy deposit. Send the forms, defendants notes and evidence to your local county court. The way compensation is calculated is dependent on the overall conduct of your landlord. This website uses cookies to improve user experience. However, if it does need to be protected and it hasn't been you could be owed between 1-3 times your original deposit. Tenancy deposits are used as a way to protect landlords in case a tenant leaves a property without paying rent, or causes damage to the property. It is entirely up to the judge to decide how much compensation you should be awarded and they will look at the overall conduct of your landlord when making their decision. The procedure in the small claims court is intended to be simple enough that you don’t need a solicitor. You choose between Insured Protection (you hold the deposit) and Custodial Protection (we hold the deposit). By using our website you consent to all cookies in accordance with our Cookie Policy. You can claim interest on the amount of your deposit you are owed, starting from the date it should have been returned. In a few cases, the amount of money that a landlord or agent wants to claim from a tenant’s deposit is actually more than the value of the deposit. Authorised and regulated by the Financial Conduct Authority, form N208 from HM Courts and Tribunal Service. The small claims court is where most tenancy deposit disputes are heard and is part of the county court, dealing with claims under £10,000. Tenancy Deposit Claim and our specialist panel of solicitors have vast experience working in the area of protected and unprotected tenancy agreements. If the gov’t had tried to make it more difficult for tenants to bring claims under the tenancy deposit regs they could have hardly bettered the system we have. How to make a tenancy deposit compensation claim. Before the trial you’ll have to pay a hearing fee and you may be asked to bring certain documents with you. This letter sets out your claim to the landlord and gives them the option to either settle now and pay you straightaway or disagree with your claim and go to court. Alternatively, if your landlord never intended to protect your deposit, the judge may award you up to 3 times the amount as compensation. What is the legal process for claiming tenant deposit compensation? You have 6 years from the date of your deposit to issue a claim to the court so there’s no rush! Register. The court should send you a copy of these documents. A tenancy deposit is a sum of money which a landlord requires a tenant to pay at the start of the tenancy or which the landlord holds over from a previous tenancy with the same tenant. Before you leave the property The use of the courts should be your last option. For details of the statutory requirements see Tenancy deposit protection rules. If you refuse a reasonable offer and proceed with a court hearing, the judge could order you to pay some of your landlord's costs for attending court. If you withdraw your case without a consent order you won't get a refund of your court fee and may have to pay your landlord's legal costs. The size of the fee depends on your claim and in this instance should be relatively low. (Between £80-£200). However, there are now strict rules in relation to how these deposits are protected. In the small claims court you don’t need any witnesses or detailed evidence. The idea of the small claims court is that anyone can represent themselves, you can use a legal professional to represent you but the cost would be so much that it wouldn’t be worthwhile in relation to your claim. Tenancy Deposit Claim. The sooner you contact Deposit Claims UK, the sooner we can help you recover your deposit and your compensation. Should I set up a Limited company for my Buy to Let Properties. If your landlord has not protected your deposit within 30 days then the judge in the county court will order that they repay you the deposit and award you compensation too. You will also need 3 copies of the defendant's notes for guidance. Company number: 1‌038133 Tenancy Deposit Claims Specialists | Deposit Recovery Claims Has your Landlord failed to protect your tenancy deposit? This is often seen in situations where tenants have moved out unexpectedly and stopped paying their rent; this breaches their tenancy agreement and leaves the landlord out of pocket. Your landlord should still return your deposit when your tenancy ends. Many Landlords across the country are breaching tenancy deposit rules by not securing the tenants deposit in a deposit protection scheme. Tenancy Deposit Claims. OpenRent’s contract specifies that “[i]f the Deposit is insufficient the Tenant shall pay to the Landlord such additional sums as required to cover all costs, charges and expenses properly due within a period of 14 days from the end of the tenancy.” By using this website you agree to the terms and conditions. Whether through mediation or another dispute resolution method. Tenancy deposit claims When your deposit doesn't need to be protected. Usually though, it will take between 3-6 months from issuing your claim to the hearing, where you will find out if you are entitled to compensation or not. As the matter is quite small when relating to tenancy deposits, it’s likely the judge will settle the issue at the first hearing. *No Win No Fee (Terms and … A section 214 claim is not available where a deposit was paid in respect of a fixed-term assured shorthold tenancy that became a statutory periodic tenancy before … You can ask your landlord to cover this fee as part of your agreement. Joseph, Tenant. The court will send your landlord a copy of your completed claim form. WHAT IS A TENANCY DEPOSIT CLAIM. evidence that you paid a deposit and when it was paid, letters and emails to and from your landlord about your deposit, details of enquiries you made with the tenancy deposit schemes. Before you start a court claim for compensation, you must send a formal 'letter before action' to your landlord and their letting agent. You don't need a solicitor to make a claim but it's a good idea to get legal advice if you can. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it, give you written information within 30 days, keep your deposit protected throughout the tenancy. However if you’re not able to agree they may set a date for a further hearing. The judge will ask questions based on the evidence provided and make a decision about your claim for compensation. Chapter 4 of the Housing Act 2004 sets out the framework for tenancy deposits. Tenancy Deposit Protection Claims: Claiming compensation if a deposit is not protected. You'll need to prepare for a court hearing if your landlord: doesn't respond to the court within the time allowed, disagrees with your claim and decides to challenge it in court. A Holding Deposit Agreement Form will be required to legally document this transaction. If they haven’t, or haven’t informed you of where it is, they could be liable to compensation claims from tenants, for up to three times the amount of their deposit. This is a mandatory document for any landlord wishing to regain possession. Find your local county court using the GOV.UK court finder. The timescale of the whole process really depends on how busy your local county court is. Choose. Our goal at Tenancy Deposit Claims is to provide practical and honest assistance with regards to claims against landlords who do not protect their tenant’s deposit. You can represent yourself at the court hearing if you don't have a solicitor. Perhaps ask them for advice before going to court instead. Tenancy Deposit Scheme is a lifeline to tenants, and I am grateful for it. If you can't claim compensation Most of Deposit Claims UK cases are settled within weeks of us being instructed, without having to go to court. 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