;When your tenancy comes to an end, you and your landlord might not agree on who gets the deposit you paid.
Your landlord should register your deposit with a tenancy deposit protection scheme. But, if your landlord believes they are entitled to the deposit, or didn’t register your deposit in the first place, you can dispute their decision and get your deposit back.
My Landlord Didn’t Register or Protect My Deposit
Your landlord has a duty to register your deposit with a tenancy deposit scheme in order to protect it.
The TDS would act as a sort of insurance in case you have breached your tenancy agreement. However, you may be able to claim against your landlord if:
- Your landlord did not register your deposit with a TDS
- The deposit was not returned or was unfairly taken from (more on this below)
- Your landlord refused or is unable to return your deposit
- You were not informed that your deposit was protected (served statutory notice)
- The deposit was not protected within 30 days of receipt
If any of these situations apply to you, you could claim for up to three times your deposit amount and have your deposit returned in full. And, you could easily make a claim for a breach like this for up to 6 years – even if you have left the property.
You can claim for every breach; every time there is a new tenancy agreement, your landlord should be protecting your deposit. For example, if you had an assured shorthold tenancy for 6-12 months, which then converted to a rolling tenancy, you may be able to claim for the start of the assured shorthold tenancy, and again for when it became a rolling tenancy, if your deposit wasn’t protected at either time.
On top of this, your landlord is never entitled to deduct money from your deposit if it has not been protected.
Call us on 01925 351 350 to get started with your claim.
My Landlord Is Not Returning My Deposit
You may be in dispute with your landlord over who is entitled to your deposit. There are certain situations where they could have a right to some or all your deposit. These include:
- Any rent you owe
- Repairing damage you caused to the property
- Replacing items that are missing from the property
However, there are some allowances for times when your landlord cannot take from your deposit. They cannot take from your deposit to:
- Replace carpet or flooring that has been reasonably worn over time
- Pay for repairs that they didn’t do when they should have
- Any other ‘reasonable wear and tear’ of the property
It always helps to be aware of what your tenancy agreement specifies, but we can help you understand your situation. Call us on 01925 351 350 to speak to an expert now.
How Can Chris Rudd Solicitors with a Tenancy Deposit Dispute?
We specialise in landlord and tenant disputes, from deposit disputes and evictions to housing disrepair. And, we can cover the whole country as we often work remotely for our clients. On top of that, we can offer:
- Up to 15 minutes initial advice, free of charge
- Clear and simple pricing after that
- Friendly, expert staff ready to help you
So, if you think you’re entitled to make a claim because your landlord hasn’t protected or returned your deposit, get in touch. We can help you assess your situation and advise you on the best course of action. Our aim is always to get the best outcome for you, so please call us on 01925 351 350 to get started.
Your Title Goes Here
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.