Tenancy Deposit Claims

The Law

SP Law offers assistance with Tenancy Deposit Claims in Northampton, Wellingborough, Kettering and surrounding areas. We can also offer assistance for claims from further afield.

Landlords have an obligation to pay a tenant’s deposit into one of the three government approved tenancy deposit protection schemes. These schemes are: MyDeposits, DPS and TDS.

If the landlord fails to lodge the deposit with one of the three schemes within 30 days of the date on which the deposit was paid by the tenant, the landlord will be subject to a penalty. Deposits paid between 06.04.2007 – 05.04.2012, needed to be paid into a scheme within 14 days. 

The landlord must ensure that the deposit remains protected throughout the tenancy.

In addition to protecting the deposit, the landlord must also give the tenant full prescribed information within the same timeframe. The information includes:-

1. Details of the authorised scheme administrator;
2. Information contained in a leaflet supplied by the scheme administrator which explains the provisions of the relevant sections of the Housing Act 2004;
3. The various procedures under the scheme:-
   • In respect of how a deposit will be paid or repaid to the tenant at the end of the tenancy;
   • Where either the landlord or tenant is not contactable at the end of the tenancy;
   • Where there is a dispute in relation to the amount of the deposit to be repaid at the end of the tenancy;
4. The facilities under the scheme where any dispute relating to the deposit is to be resolved without litigation;
5. The following information:-
   • Amount of the deposit;
   • The address of the property to which the deposit relates;
   • The contact details of the landlord and the tenant (including such details that should be used by the scheme administrator/landlord for the purpose of contacting the tenant at the end of the tenancy); and
   • The circumstances when all or part of the deposit may be retained by the landlord by reference to the terms of the tenancy.

The prescribed information also needs to be signed by the landlord and the tenant must have been given an opportunity to sign to confirm the contents.

The penalty for failing to comply with the deposit protection regulations is that the tenant can sue the landlord for between 1-3 times the amount of the deposit paid. In addition to this, the landlord may not be able to serve a section 21 notice until the position with the deposit has been rectified.

Can I make a claim?

You can make a claim whilst still living at the property or if you have left as long as you have had a tenancy and paid a deposit in the last 6 years. 

How much will the claim cost me?

Please arrange to contact us to discuss funding options.

What do we need from you to make a claim?

In order to make a claim, we will require the following from you:-

1. A copy of all tenancy agreements 
2. The full name and address of your landlord
3. The receipt or confirmation you paid your deposit to your landlord
4. All rent payment evidence
5. Any deposit related correspondence to/from your landlord
6. Evidence such as screenshots from the tenancy deposit protection websites to show that your deposit was not protected.
7. Any prescribed information that you have been given by your landlord

For more information or to book an appointment, please contact Christina Woods or Hassan Shah on 01604 638905, or email info@sp-law.co.uk, or fill in our Enquiry Form and a member of our team will be in touch.