Tenancy Deposit – Ask the Paralegal

Disputes with Landlords are often daunting and concerning for Tenants. Especially for those who remain in the property.

It is common for those Tenants to shy away from any dispute if they are unaware of their rights. Many people fear that they may be evicted as a result of a dispute, and this is likely the reason why Landlords commonly fail to protect their Tenant’s deposit upon them entering into an agreement with them to occupy the premise.

Landlords are required, by law, to protect Tenancy Deposits within 30 days of the payments date.

Once protected, this should then be communicated to the Tenant.

I am currently working as part of the Tenancy Deposit team at Phoenix Legal Solicitors to ensure that when Landlords have failed in their duties to protect a Tenant’s deposit, the Tenant is rightly compensated.

Am I eligible to make a Tenancy Deposit Claim?

A Tenant is eligible to bring a Tenancy Deposit claim if, after 30 days upon making a Deposit Payment, they have not been informed that the Deposit was placed into a Tenancy Deposit Scheme with prescribed information regarding the Scheme.

If this has occurred, it is considered a breach of the Landlords duties. However, a Tenant must bring a claim within 6 years from the date of the breach.

How much can I claim?

Tenants are eligible to claim up to three times the Deposit amount per breach of a Tenancy Agreement. Therefore, if a Tenant has signed more than one agreement or remained in the property after the expiration of a Tenancy Agreement, they will be entitled to further compensation as more than one breach has occurred.

This was demonstrated in a recent case study of one of our successful claims which states, ‘Phoenix Solicitors were successful in arguing that each signed tenancy agreement (and periods of time where there is no signed tenancy agreement) were to be counted as separate breaches of the Tenancy Deposit Rules.’

In addition to this, if a Deposit has been retained by the Landlord, we will also request that the retained deposit is awarded to the Tenant in addition to the compensation for the breaches.

Can I still claim if I still live in the property?

Both past and current Tenants are eligible to bring a claim providing 30 days has passed from the day the deposit was paid, even if they still remain in the property.

Can I still claim if I have been served a Section 21 / Eviction Notice?

In the event that a Tenancy Deposit has not been protected, a Section 21 / Eviction Notice is void and a Tenant cannot be forced to leave the property.

This will also not have any affect on the claim.

What does it cost to make a claim, and do I have to pay anything up front?

All our Tenancy Deposit claims are run on a no win – no fee basis. Meaning that should the claim not be successful, you would not be required to pay anything.

There is a success fee of 25% of any compensation that is awarded. However, this is deducted at the end of the claim only, and only if the claim is successful.

This allows those on a low income to have access to justice without paying any large upfront costs.

In a recent successful case concerning our client, Mr Smith, we were able have the court award our client £64,523.08, subject to our success fee of 25%, after the court found his Landlord to have committed a series of breaches in relation to the failure to protect his deposit of £6,120.00.

If you would like to find out if you have a Tenancy Deposit claim or if you want to know more, please feel free to contact me.

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