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What Happens If Your Landlord Has Not Protected a …

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작성일2023.08.19

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Law dictates that landlords have 30 days to place tenant deposits into an approved scheme and provide them with prescribed information. If this obligation isn't fulfilled, compensation up to three times greater than the deposit may be due as punishment from tenants.

Check whether a deposit has been secured by contacting each government-approved scheme provider and entering details like your postcode, surname, the date the tenancy started and name of your landlord. If you have joint tenancies it's wise to search both names. In case you loved this informative article and you would want to receive much more information concerning compensation claim for Tenancy deposit i implore you to visit our own web site. If the scheme provider cannot find your deposit it could mean either it has not been protected, or your landlord changed their scheme post tenancy (usually due to managing agent changes or when property sold to new landlords using different schemes).

Check whether the letting agency you are considering using is part of an approved client money protection scheme such as that run by LUU Advice. Membership of such schemes is voluntary for letting agencies, although members should provide proof of membership when requested by tenants or landlords.

Under the Housing Act 2004, private landlords must safeguard tenancy deposits within 30 days of receiving it and give required information to tenants about how it should be protected - otherwise a magistrates court can levy fines of up to PS3000 against them under section 21 of the Act.

But this article will focus on what happens if you are a tenant and your landlord fails to abide by these rules, as well as its possible ramifications on serving a valid Section 21 notice. It draws upon the experience and insight provided by Suzy Hershman from mydeposits' head of deposit dispute resolution service and Paul Sowerbutts from Landlord Action's senior solicitor service for this analysis.

Tenancy deposits are payments from tenants to their landlord that serve to secure rental properties and protect both parties involved from damages caused by tenants, as well as unpaid rent. They can also cover potential unintentional damage to the rental unit and unpaid utility bills that arise during occupancy.

Most landlords will protect a tenancy deposit within 30 days of receiving it in an authorized scheme and continue this practice throughout their tenancy, but if for some reason this doesn't happen or they fail to give required information to tenants within this timeframe or fail to do so at all, tenants can claim compensation from them up to three times their deposit's value in court under section 213 of the Housing Act.

Court will often award this amount, although you may also reach a mutual agreement with your landlord without litigation. Reaching an amicable solution often proves quicker, cheaper, and less stressful. Any deposits paid should also be returned by them should any violations of these rules take place.