Rebecca Beesley
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Paralegal | Tenancy Deposit Claims
Phoenix Solicitors secure £2,500 compensation for Mrs L after Landlord breaches tenancy deposit rules
In November 2020, Mrs L moved into a property in Littlehampton, West Sussex, under an Assured Shorthold Tenancy (AST) Agreement. She paid a deposit of £500 to her landlord upon moving in. Mrs L lived in the property until July 2023, when it was sold. During her tenancy, she was issued four different tenancy agreements and one periodic tenancy.
After instructing Phoenix Solicitors, investigations revealed that by February 2023—more than two years after the deposit was paid—Mrs L’s landlord had failed to place her deposit into a government-approved deposit protection scheme, as required by law.
Tenancy Deposit Protection Rules: Your Rights Under the Housing Act 2004
The tenancy deposit rules outlined in Sections 213 and 214 of the Housing Act 2004 state that a tenant’s deposit must be placed into one of three government-approved protection schemes within 30 days of receiving the deposit.
If a deposit has not been protected and a new tenancy agreement is entered into, there is again a requirement to protect the deposit within 30 days of the commencement of the new tenancy agreement.
Failure to comply with these rules can allow tenants, like Mrs L, to claim an amount much larger than their original deposit. The Housing Act recommends that tenants may be awarded between one to three times the value of their deposit for each breach of the tenancy deposit protection rules.
How Multiple Tenancy Agreements Impacted Mrs L’s Deposit Claim
During her tenancy, Mrs L entered into five separate tenancy agreements, substantially increasing the potential compensation she could claim. Each breach of the tenancy deposit protection rules carried a considerable penalty.
Initially, the landlord was uncooperative, making the process challenging. However, after persistent efforts by Phoenix Solicitors and escalating the matter to court, a settlement was reached. Mrs L successfully secured £2,500.00 in compensation.
Steps to Take if Your Tenancy Deposit Is Not Protected
If you are a tenant, your deposit must be safeguarded in one of three government-authorised protection schemes:
- My Deposits
- Tenancy Deposit Scheme (TDS)
- Deposit Protection Service (DPS)
If your deposit was not protected or was protected more than 30 days after it was paid, it’s important to act quickly. Reach out to solicitors who specialise in Tenancy Deposit Claims to assess your case and help you bring a claim against your landlord.
At Phoenix Legal Solicitors, we have a proven track record of successfully pursuing claims against landlords who fail to comply with tenancy deposit protection rules.
It’s vital to note that these claims are subject to a 6-year limitation period. This means you have six years from the date your deposit was paid or the start date of your most recent tenancy agreement to file a claim. Even if you have moved out of the property, you may still be eligible to claim if you’re within this time frame.
Don’t delay—contact us today for a free evaluation of your claim and take the first step toward holding your landlord accountable.
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