Word on the street is that 1 in 5 landlords in England & Wales didn’t protect the deposit correctly! Are you due a pay day because your toe-rag landlord is the one in five?
It completely baffles me that so many landlords are STILL failing to meet the requirements of the Tenancy Deposit Legislation, especially since it’s so easy for tenants to claim compensation – up to three times the deposit amount. And that’s exactly what many tenants are doing.
Funny enough, we actually live in a world where deposit compensation has become big business.
If you’re one of those tenant’s that’s been lumbered with a cowboy landlord that has failed to comply, it could be for any of the following reasons:
- Failure to secure your deposit in one of the three government-backed tenancy deposit schemes (TDP) within 30 days of receiving the deposit;
- Failure to issue you with the correct paperwork (which informs you where the deposit is protected) within 30 days of receiving the deposit;
- Failure to return the deposit within 10 days of agreeing on how much money will be returned to you.
If that’s the case, using a hassle-free “no win, no fee” claims service to handle the legwork might be just the solution you need.
Tenancy Deposit “No Win, No Fee” Recovery Service For Tenants
If you’ve Googled for “No Win, No Fee deposit recovery services“, you’re probably knee-deep with options. Objectively, they all pretty much offer the same service. I can’t recommend one over the other. Some may provide a better service than others, but in short, they’ll handle all the legwork for you in exchange for a cut of your claim (typically ranging from 20% to 30%).
However, take a look at Tenant Angels – they specialise in Tenancy Deposit Protection Claims and claim to be the top-rated claims service in the country. Make of that what you will.
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Not Sure If Your Landlord Has Failed to Protect Your Deposit?
First and foremost – before even getting the wheels in motion – you need to determine whether or not you have a case against your landlord.
I’ve already specified what your landlord’s obligations are, and I’ve also written a more in-depth explanation of what your landlords need to do in order to comply with tenancy deposit legislation. However, if you’re still not entirely sure, or would like another opinion – then once again – I recommend getting in touch with a specialist service provider like Tenant Angels, that offers free, no-obligation case reviews.
Do I Have to Use a Legal Service to Make a Claim?
Nope, not at all.
By all means, you can directly apply to a county court to claim money directly via the Gov website. Interestingly, disputes between landlords and tenants is one of the most common types of court claims.
While making a direct application to a small claims court is generally the cheapest way of recovering a deposit, many tenants prefer using a specialist “No Win No Fee” Deposit Recovery service because it’s a lot less hassle. I get totally it. I’m with you!
I remember a few years ago when my Ryanair flight was delayed by 4 hours, so I was entitled to a full refund. I read a few guides and forums on how to recover the money, and the general consensus was that it can be a complete pain in the butt, involving a lot of perseverance and chasing. Unsurprisingly, most companies will drag their feet for as long as humanly possible before releasing a penny.
I ended up [successfully] using a “No Win No Fee” recovery service promoted by Martin Lewis (of MoneySavingExpert) to go after Ryanair.
Sure, they took a small percentage of the refund, but it was ridiculously easy and completely hands-off. So I was happy to give them a cut. Anyways, my point is, I get the whole convenience factor.
Do what you feel most comfortable with.
How Much Compensation Can I Get if My Landlord Hasn’t Protected My Deposit?
It depends.
If your landlord has failed to protect your tenancy deposit or hasn’t complied with tenancy deposit legislation in other ways, they could be liable for a penalty of between 1 and 3 times the amount of the deposit paid. The final amount of compensation is calculated based on each breach of the law.
Good luck :)
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
I still have a £700 (one month) deposit which has been tied up in a flat I left in South London in early 2016 - only just remembered it. My landlord had originally granted a two-year Lease mid-2012 to mid-2014, at that monthly rent, inclusive. Towards the end of the Lease period he telephoned me to say he was now planning to redevelop the property within the next two-year period, and therefore did not want me as a Sitting Tenant. Since the property would also be inconvenienced meantime by building works on the wide-ranging (all over his high street shop) conversion, he offered to roll over my rent at the existing rate, on condition I would be willing to move out at his behest. It was a gentlemen's agreement over the telephone, and since nothing financial changed I (possibly wrongly) saw no reason for any confirmatory paperwork > > I would now like to talk to someone about recovering my £700, and will of course give further details at that point. J Meakin, 1 November 2019