Can I claim compensation?

You may be entitled to compensation if your landlord or agent broke the tenancy deposit rules in breach of the Housing Act 2004.

You could receive between 1 and 3 times the deposit if they failed to:

• protect your deposit within 30 days of receiving it
• give you written information within 30 days

Protect your Deposit

Your landlord or agent must, within 30 days of receipt pay the deposit into one of the government schemes. For example the Tenancy Deposit Scheme or MyDeposits

Written Information

This includes:-

(a) the name, address, telephone number, e-mail address of the scheme of the authorised tenancy deposit scheme applying to the deposit;

(b) the procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy

(c)the procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy;

(d) the procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit;

( e) the amount of the deposit paid;

(f) the address of the property to which the tenancy relates;

Get legal advice

You don’t need a solicitor to make a claim, but it’s a good idea to get legal advice if you can.

You can’t usually get legal aid for a deposit claim

A solicitor might take the case on under a conditional fee agreement – also known as a ‘no win no fee’.

Evidence required to support your case

You’ll need the following evidence to support your claim:-

• a copy of your tenancy agreement
• the receipt or confirmation you paid your deposit

Can ASD help?

If the deposit was not protected OR you were not given the appropriate notice we may be able to assist on a no win no fee basis. We will need the evidence referred to above by email. We will then assess your claim.

If we can assist we will offer a ‘no win no fee’ agreement. If your claim fails there will be no charge, we will find your claim throughout and pay for items such as court fees. If your claim succeeds we will deduct a success fee from your damages. This is normally 30% plus vat of the compensation recovered.

Click the link to the step by step guide to how we will process your claim.

If you wish to make a claim please contact Richard Meggitt, solicitor on 0114 2678780 or email [email protected]