When you pay a deposit to your landlord, you trust that it will be paid back appropriately at the end of your tenancy. However, that is not always the case, and some landlords fail to protect deposits adequately. While you may have heard about tenancy deposit claims, it can still be difficult to know what your options are under such circumstances. That is why we have created this guide to help you understand how to claim.

Key Takeaways

• The rules for protecting deposits only apply to assured shorthold tenancies.
• Landlords (or agents) are required to protect a deposit via a government-approved scheme.
• If your claim is successful, you could potentially receive between 1 and 3 times the original value of the deposit.
• There may still be an option to claim if you no longer live at the property or still owe rent payments.
• You will need a copy of your Assured Shorthold Tenancy agreement in order to claim with one of our solicitors.

If you are interested in making a tenancy deposit claim, our advisors are available to let you know whether you can proceed. They may be able to connect you with one of our solicitors, who can provide expert support at each stage of the claims process. However, there is no pressure to start a claim, as our enquiries team offers advice with no strings attached.

• Complete our online contact form 
• Call our team on 0800 073 8804
• Use the live chat feature in the corner of this page 

Can I Make A Tenancy Deposit Claim?

If you had an Assured Shorthold Tenancy agreement, you can make a tenancy deposit claim under the following conditions:

• Your landlord failed to protect your deposit via one of the government’s approved schemes (Tenancy Deposit Scheme, Deposit Protection Scheme, or MyDeposits) within 30 days of them receiving it.
• The landlord protected your deposit but failed to provide you with the Prescribed Information for the deposit within a 30-day window. This includes details such as how the landlord has protected the deposit, how you can reclaim it, and the procedure for resolving disputes.
• At the end of the tenancy, your landlord kept your deposit or failed to return it without having a valid reason for doing so.
• The deposit was protected via an unapproved scheme, or the landlord protected it only after the 30-day window had passed.

Can I Still Claim If I No Longer Live At The Property?

Yes, you can still make a tenancy deposit compensation claim if you no longer live at the property. You have up to 6 years to start a claim of this nature, a timeframe that takes effect from the end of the tenancy.

Am I Able To Claim If I Have Unpaid Rent?

You could still be able to claim if you have unpaid rent, but we recommend reaching out to our advisory team for further guidance. This gives you the chance to outline your specific experience and gain a better understanding of the tenancy deposit claims process. You can also get a free, no-obligation assessment to see if you can make a claim with one of our expert solicitors.

What Compensation Could Be Paid For A Tenancy Deposit Dispute?

The compensation that could be paid for a tenancy deposit dispute may depend on the specifics of your case and the severity of a landlord’s failures. Legal professionals will need to consider how exactly your landlord has breached their legal obligation to you in order to assess the potential value of the claim.

How Are Multi-Breach Tenancy Deposit Claims Valued?

Multi-breach tenancy deposit claims are valued according to the number of breaches that have occurred. Therefore, you could potentially receive between 1 to 3 times the original deposit value.

Moreover, your compensation may account for tenancy penalties. For example, if it is found that your landlord deducted inappropriate charges from your deposit and they failed to protect you, you may receive more than the original amount that should have been paid back to you.

However, each tenancy deposit claim is individually assessed, and no guarantee can be made for how much compensation you might receive in your specific situation.

You can speak with our advisors today for a more tailored discussion on tenancy deposit compensation. They know what factors are important to a claim of this nature and can explain how compensation might be calculated.

Is My Landlord Permitted To Make Deductions From My Deposit?

Your landlord is permitted to make certain deductions from your deposit. Examples of what they can take from the total include:

• Any outstanding rent payments owed
• The cost of items that were recorded in the property inventory and were lost by you
• Charges that are appropriate to any damage you have done to the property

However, your landlord would not be able to make deductions for fair wear-and-tear, like minor scuffs, or to pay for any damage that was present when you moved into the property.

It can be difficult to determine whether a tenancy deduction is fair. You can speak with our advisors today to find out if you have grounds to make a claim. 

What Is An Assured Shorthold Tenancy (AST)?

An Assured Shorthold Tenancy (AST) is a type of residential tenancy agreement between a landlord and tenant, introduced by the Housing Act 1988. Essentially, it means that the tenant has a legal right to occupy the property for an agreed-upon period of time. For example, you may have signed an AST agreement to live in the property for 12 months. 

If you’re not sure what type of tenancy you have, get in touch with our team of advisors today. They will provide you with tailored advice to help you understand your situation better and explain how tenancy deposit claims work. 

How Long Does A Landlord Have To Protect My Deposit?

For assured shorthold tenancies, your landlord must protect your deposit within 30 days of receiving it. This 30-day window can also begin from the date that a tenancy becomes an AST. 

Once a landlord receives the deposit, they must place it in one of the government-approved schemes that we mentioned earlier in this guide. 

What Evidence Is Needed To Support Tenancy Deposit Claims?

The evidence needed to support tenancy deposit claims includes: 

• Copies of correspondence between you and your landlord (or the agent)
• Your assured shorthold tenancy agreement
• Bank statements, receipts, or other documentation showing that you paid the deposit within the last 5 years
• Any additional details concerning the deposit protection

The nature of the evidence you need to provide will depend on the type of deposit claim that you are seeking to make. If you have any queries about how to prove your case, please contact our team of advisors at your earliest convenience. 

How Can I Fund A Solicitor For My Tenancy Deposit Claim?

You can fund a solicitor for your tenancy deposit claim by pursuing compensation on a No Win No Fee basis. Our solicitors offer this through a type of contract called a Conditional Fee Agreement (CFA). This means that you would not need to pay a solicitor’s fee:

• Before the beginning of the claim
• While the case is being pursued
• If you do not receive tenancy deposit compensation

However, if you do win compensation, you must pay a success fee. In straightforward terms, this is the percentage of the compensation that you owe to your solicitor for the work done on your case. There is a legally binding cap on the percentage that can be taken, so you can be assured that you’ll receive the largest share of the compensation. 

Our advisors are on hand to provide you with any further information about Conditional Fee Agreements. There is no obligation to work with Legal Expert after contacting us, so why not use our free advisory services?

Get Help With Your Deposit Claim From Legal Expert

To get help with your deposit claim from Legal Expert, reach out using the contact details outlined in this guide. Our advisors are available 24/7, ensuring you get a prompt response from the team at all times. They will carefully assess your circumstances and may put you in touch with one of the experienced solicitors making up our expert panel.

You have likely already experienced immense stress due to your situation. So, why not seek expert guidance? One of our solicitors could help you by:

• Explaining what evidence is required for your claim and how it can be presented to build a compelling case
• Providing you with regular updates on the status of your case, so you never feel out of the loop
• Estimating the appropriate amount of compensation that should be owed
• Making strong arguments for your case and expertly representing your interests
• Communicating with the defending party on your behalf, so you can rest assured that all correspondence is done in a professional manner

Contact Our Expert Solicitors To Start Your Claim

Use your preferred method of communication to get in touch with one of our advisors today. They will assess the validity of your case, free of charge. You are also welcome to raise any queries you may have about claiming, as our advice is offered without any strings attached. Enquire today using the details below:

• Complete our online contact form 
• Call our team on 0800 073 8804
• Use the live chat feature in the corner of this page 

Learn More

Read about the other types of claims we handle in relation to housing:

• Visit our guide on roof leak claims
• Learn about faulty electric claims 
• Find out how to claim compensation for mould disrepair

External resources:

• See this government overview for private renting
• Read tenancy deposit protection guidance from the National Residential Landlords Association (NRLA)
• Visit the government webpage on tenancy deposit protection

Thank you for reading our guide on tenancy deposit claims, and please feel free to reach out for more tailored advice.