Tenancy Deposit Archives - CEL Solicitors

Student Tenancy Deposit Claim Settled in Just Two Weeks

danielkeeling — Thu, 13 Jun 2024 14:27:18 +0000

Finding suitable accommodation as a student can be difficult. Whether you are staying local, heading to a new city, or even moving to a new country, choosing the place you will live for the next year of your life (if not longer) is a daunting task. This can potentially be made more difficult by private landlords.

Ms Roberts moved into her student accommodation under an assured shorthold tenancy agreement (known as an AST), paying £455 as a deposit to her landlord.

Legally, a tenancy deposit cannot be more than 5 weeks’ worth of rent and must be protected within 30 days by the landlord. The deposit must be protected using one of three government-approved schemes and a reference must be provided to the tenant within 30 days of receiving the transfer. Despite the landlord and then the deposit service possessing this money, it remains the property of the tenant.

Ms Roberts received her deposit back after her one-year fixed-term tenancy expired and discovered that the landlord had failed to comply with the legal obligation to safeguard it in a deposit protection scheme, and by extension, had failed to notify her of where her deposit was protected.

Beginning a Tenancy Deposit Compensation Claim

Discovering that her deposit had not been protected as was legally required, Ms Roberts asked CEL Solicitors for advice. CEL Solicitors prepared and sent a letter of claim to the landlord, demanding compensation for Ms Roberts. The case was resolved in just 15 days, with Ms Roberts receiving £1365 – three times the amount of her deposit.

When asked for comment, Ms Roberts said: “I am very satisfied with the help of CEL Solicitors. The guidance and communication along the process has been very good.”

Melissa Moulsdale, the trainee solicitor handling Ms Roberts’ case, said: “Ms Roberts’ case was a clear-cut instance of a landlord failing in their duty to protect their student tenant’s deposit. While most landlords require a deposit to protect against careless, unruly, or difficult tenants, there are specific laws surrounding the protection of that deposit.

“We believe a shockingly substantial number of students renting from private landlords are suffering because their landlords are either unaware or do not care that the deposit needs to be protected legally. Failure to protect the deposit correctly means that student tenants are at much greater risk should their landlord decide to make deductions at the end of the tenancy. This includes those demanding that carpets be professionally cleaned, walls be painted, or furniture be replaced due to general wear and tear.

“We also believe that student tenants are at greater risk due to the relatively fast turnaround, as the majority of student tenants do not stay at the same property for more than a year.”

If you have an assured shorthold tenancy and paid a deposit to your landlord, you should have received a reference to where and when your deposit was protected. If your landlord failed to protect your deposit within 30 days of you sending it to them, then you may be owed compensation worth up to three times the value of the deposit. Tell CEL and begin your no-win, no-fee claim today.

Start Your Claim

Tenant Awarded £1,500 After Tenancy Deposit Was Not Protected

rebeccaihiekwe — Wed, 29 May 2024 10:16:54 +0000

CEL Solicitors awarded £1,500 to a client whose landlord failed to protect their tenancy deposit.

UK landlords must protect their tenant’s deposits in a government-backed tenancy deposit protection scheme within 30 days of receiving the payment. If a landlord does not comply with their legal duty upon receiving a deposit, tenants can bring a claim for the return of the deposit with additional compensation.

Our client, Leanne (whose name has been changed for anonymity), began their tenancy in early 2023 and paid a deposit of £875. Sadly, Leanne’s landlord failed in their legal duty to protect her deposit.

To make matters worse, Leanne struggled to live in the property as it suffered from various defects including a broken toilet, damage to the walls from damp, and no running water.

Eventually, Leanne contacted CEL Solicitors who confirmed that her landlord had a scheme with MyDeposits yet failed to provide them with Leanne’s deposit.

Based on these factors, CEL’s tenancy deposit team presented a strong case to Leanne’s landlord and successfully awarded her £1,500.

Commenting on the case, Trainee Solicitor, Melissa Moulsdale said:

“Negligent landlords failing to protect their tenants’ deposits could be down to many reasons, such as financial constraints or a general lack of knowledge around home ownership. However, this does not make them exempt from meeting their legal requirements.

“At CEL Solicitors, we are committed to acting for tenants who have been wronged by ensuring they receive the compensation they deserve. We would urge any tenant who finds themselves in a similar situation to seek legal help from ourselves.”

If you believe that your landlord has failed to protect your tenancy deposit, as they are legally obliged to do, then Tell CEL. Speak to our tenancy deposit team on 0808 273 0900 or complete our online form.

What is a tenancy deposit claim: A simple guide

Wed, 26 Oct 2022 13:13:03 +0000

Most tenancies in the UK are done so via an assured shorthold tenancy (AST) agreement. While this might seem confusing or complicated at first, it’s actually pretty simple to figure out.

You’re almost certainly on an AST if…

your tenancy began after 1989
you’re a private renter (i.e. not a social housing tenant)
this is your main accommodation
you don’t live with your landlord

ASTs offer tenants some extra protections including the legal right to have their tenancy deposit protected via one of three government-authorised protection schemes; Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme.

Not sure if your landlord protected your deposit? Find more information on tenancy deposit claims.

Your landlord has a legal obligation to protect your deposit within 30 days of having received it at the beginning of your tenancy. If they fail to do this (even if they protect your deposit 31 days after receiving it) then you may have grounds to claim compensation.

Tenancy deposit claims offer compensation of up to 3 times the amount of deposit paid. This means that a deposit of £1,500 could result in up to £4,500 compensation!

How do I claim my tenancy deposit back?

At CEL Solicitors we offer simple no-win, no-fee tenancy deposit claims to help those let down by their landlord get the compensation they deserve.

If you began or renewed your tenancy agreement within the last 6 years and you know or suspect that your tenancy deposit was not protected correctly then you may be able to start a claim – even if you no longer live at the property.

Additionally, if your landlord renewed your tenancy agreement without protecting your deposit then you may be able to bring multiple claims for each breach.

Can I claim my tenancy deposit back before the end of my tenancy?

Yes, you can bring a claim against your landlord either while you are living at the property or once your tenancy has expired. As long as the agreement or renewal took place within the last 6 years you are able to claim.

You can even claim if you have already been given your deposit back, or if you disagreed with the amount of deposit returned at the end of your tenancy.

If you believe your landlord failed to protect your deposit, as they are legally obligated to do, then get in touch with a member of CEL Solicitors’ tenancy deposit team. Call on 0808 273 0900 or apply online.

How long can my landlord hold my deposit?

Wed, 26 Oct 2022 11:26:47 +0000

Your landlord should return your deposit to you within 10 days of submitting your request, though certain factors may delay this.

It’s likely that your landlord will want to inspect the property once you have moved out to determine what, if anything, needs repairing or replacing.

Things like missing furniture or broken fixtures may be deducted from your deposit, but there are limits to what they can bill you for, like routine wear and tear.

Scuffs to paintwork or worn carpets are unavoidable and should be judged on an individual basis. If you have outstanding unpaid rent, your landlord will likely want to reclaim this from your deposit.

After you and your landlord have agreed on the amount of the deposit to be returned, they have 10 days to give it back. If you’re unable to agree on an amount, you may be able to contest unfair deductions. You can read more about this in our explainer on what your landlord can charge you for.

What happens if it takes longer than 10 days?

If your landlord takes longer than 10 days to return your deposit, you have a couple of options.

First, you should reach out to your landlord and ask about their progress. They may have a valid reason for the delay and be able to make payment shortly.

If your landlord proves unhelpful you can check directly with the tenancy deposit service that your money is protected with.

You should have received details about where your deposit is stored within 30 days of delivering your deposit to your landlord at the start of your tenancy, and/or when your tenancy was renewed.

There are only three potential companies that your deposit can legally be protected with, so if you didn’t receive details, it’s worth checking with each yourself. If your landlord did not use one of these services, you may be able to claim significant compensation.

The three licenced tenancy deposit services each let you search their system to find out if your deposit is protected with them.

Check your deposit is protected via the links below:

If your deposit was not protected, or if it was protected more than 30 days after you handed your deposit to your landlord, then you may be able to claim up to 3x your deposit amount from your landlord. Find out more about tenancy deposit claims in our simple guide.

Those who find their deposit was not protected correctly by their landlord can bring a claim. Call on 0808 273 0900 or apply online to speak with a member of our dedicated tenancy deposit claim team.

My landlord is trying to make deductions from my deposit

Wed, 26 Oct 2022 10:34:40 +0000

If you are unhappy with your landlord attempting to make deductions from your deposit, you are well within your right to ask the reason for the deduction, and where the cost came from.

General wear and tear are a given in any property and your landlord should take into consideration the length of your tenancy among other things. Paintwork chipping away over several years in a house with children is likely not grounds for charging you the cost of repainting, for example.

If, however, you have accidentally broken a dining chair, your landlord may want to charge the cost of acquiring a replacement.

Should you feel the price quoted by your landlord seems a little high or suspicious, you can ask to know how they arrived at their quote. You may even be able to find a replacement yourself for less.

If you and your landlord still cannot come to an agreement on the amount you are due, then you should contact the tenancy deposit scheme provider where your deposit is protected. Your landlord was required to provide this information within 30 days of receiving your deposit at the start of your tenancy. Failure to do so could mean you’re entitled to significant compensation.

All three deposit protection providers have a free and impartial ‘alternative dispute resolution’ (ADR) service designed to mediate between tenants and landlords without the need to take the matter to court.

If you or your landlord refuse the ADR service, you can take the matter to court instead. However, you cannot dispute the results of the ADR service once it has been given.

I don’t know where my deposit is being protected

The vast majority of private tenants have an assured shorthold tenancy (AST). Under an AST, landlords must – by law – protect the tenant’s deposit using one of three licenced services, and they must do so within 30 days of receiving the deposit.

Your landlord should have provided you with reference details for your deposit, but you can also check with each of the deposit protection schemes manually using their account finder services.

If your landlord failed to protect your deposit within 30 days, you likely have grounds for a tenancy deposit claim where your landlord may be liable for 3x the value of your deposit in compensation. You can read more about these claims in our simple tenancy deposit claim guide.

At CEL Solicitors our dedicated Tenancy Deposit Claim team are on hand to offer advice and help you get compensation if your deposit was not protected. Call today Call on 0808 273 0900 or apply online and a member of our team will be in touch.