You'll need to fill out 3 copies of the form: one for you, one for the court and one for the landlord. The timescale of the whole process really depends on how busy your local county court is. Download a Section 21 Notice of Possession, laim compensation from your landlord for failing to protect your deposit, landlord has not protected your deposit within 30 days. Defending a Tenancy Deposit Claim Under s.214 A tenancy deposit scheme safeguards tenancy deposits paid in connection with shorthold tenancies. If you do decide to act for yourself you will obviously save legal fees, however if you choose to use a solicitor you will have to pay for their time which won’t be cheap. TENANCY DEPOSIT CLAIMS. The court you’d go to is the County Court. © 2021 Shelter, the National Campaign for Homeless People Limited According to government figures Deposit’s valued upto £300,000 were unsecured in the first quarter of 2017. Whether through mediation or another dispute resolution method. The act sets out how you can claim compensation from your landlord if he fails to protect your deposit. Make sure you follow all of the court's instructions and time limits they set. The county court is a court of first instance (where a civil case is first heard in the trial process). The court may ask you to pay your landlord's legal costs. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it. Landlords commonly require tenants to pay a deposit, as security for any damage that the tenant may do to the property. OpenRent’s contract specifies that “[i]f the Deposit is insufficient the Tenant shall pay to the Landlord such additional sums as required to cover all costs, charges and expenses properly due within a period of 14 days from the end of the tenancy.” A solicitor might take the case on under a conditional fee agreement - sometimes called 'no win no fee'. You will also need 3 copies of the defendant's notes for guidance. At the end of the tenancy, the tenant is entitled to a full refund UNLESS the landlord can show, with evidence that they have a claim and may then propose deductions. Since the introduction of the legislation, millions of deposits totalling billions of pounds have been protected with the providers. A section 214 claim is not available where a deposit was paid in respect of a fixed-term assured shorthold tenancy that became a statutory periodic tenancy before … Introduction. What is the legal process for claiming tenant deposit compensation? By using our website you consent to all cookies in accordance with our Cookie Policy. How to make a tenancy deposit compensation claim. If your landlord doesn't pay, leaflet EX321 explains what you can do to get your money. You could receive 1 to 3 times the deposit amount if they failed to: protect your deposit within 30 days of receiving it, give you written information within 30 days, keep your deposit protected throughout the tenancy. You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. This will allow you access to the courts but does require a fee. We can help you to claim maximum compensation. There may be other ways to get free legal advice. give you written information within 30 days. Angelus Law has developed a swift and effective process of managing all compensation claims for tenancy deposit disputes. Register. 88 Old Street, London, EC1V 9HU If they decide to go to court they have an extra 14 days to prepare their argument. You have to pay a court fee of £308 to start your claim. and we can help you too. Many Landlords across the country are breaching tenancy deposit rules by not securing the tenants deposit in a deposit protection scheme. Since April 2007, by law and as set out in the Housing Act 2004, landlords have an obligation to pay deposits received from tenants into one of 3 tenancy deposit protection schemes, which are; This is often seen in situations where tenants have moved out unexpectedly and stopped paying their rent; this breaches their tenancy agreement and leaves the landlord out of pocket. A Holding Deposit Agreement Form will be required to legally document this transaction. The important point here though is that the amount of compensation you can be awarded ranges from one to three times the value of your deposit. You must ask for this on the claim form. Our goal at Tenancy Deposit Claims is to provide practical and honest assistance with regards to claims against landlords who do not protect their tenant’s deposit. Under the Tenancy Deposit Scheme you can claim compensation if your landlord has not complied with legal obligations relating to deposits. Usually though, it will take between 3-6 months from issuing your claim to the hearing, where you will find out if you are entitled to compensation or not. You can represent yourself at the court hearing if you don't have a solicitor. You can't usually get legal aid for a deposit claim unless you're claiming as part of a defence if your landlord's trying to evict you for rent arrears. This website uses cookies to improve user experience. However. Alternatively, if your landlord never intended to protect your deposit, the judge may award you up to 3 times the amount as compensation. There will be a deadline for your landlord to reply within, normally 14 days, if he wants to avoid going to court. Our Tenancy Deposit Claims Solicitors are experts at claiming compensation for tenants who have faced issues with their landlord about deposit protection schemes and getting their deposit money back at the end of the tenancy. *No Win No Fee (Terms and … A tenancy deposit is a sum of money which a landlord requires a tenant to pay at the start of the tenancy or which the landlord holds over from a previous tenancy with the same tenant. agree with your claim and pay in full or in part. If your landlord has not adhered to these rules, you may be eligible to make a tenancy deposit claim for compensation. If you wanted to claim compensation from your landlord for failing to protect your deposit (by not putting it in a tenancy deposit scheme) within 30 days, you could go to court to claim compensation. If your landlord has not protected your deposit within 30 days then the judge in the county court will order that they repay you the deposit and award you compensation too. www.TenancyAgreementService.co.uk is wholly owned by Life Pivot Limited, Company No. The size of the fee depends on your claim and in this instance should be relatively low. 59 likes. (Between £80-£200). Your tenancy deposit protection (TDP) ... You should write to your landlord and your letting agent (if you have one) before you make a claim. All you will need are forms of written evidence relating to your tenancy and deposit. Make sure you understand any fees or costs you'll have to pay before you sign any agreement. This is a document you both sign to confirm what's agreed. The procedure in the small claims court is intended to be simple enough that you don’t need a solicitor. Please note that your information is saved … Cookies Shelter’s site uses cookies. The use of the courts should be your last option. Authorised and regulated by the Financial Conduct Authority, form N208 from HM Courts and Tribunal Service. YOU CAN CLAIM COMPENSATION HERE. Evicting a Tenant - DIY versus Using a Solicitor. If a counterclaim is made, you may also need to send the court more evidence, such as: a copy of your inventory and photographs of the property, receipts for items you've repaired or replaced. However, there are now strict rules in relation to how these deposits are protected. As the matter is quite small when relating to tenancy deposits, it’s likely the judge will settle the issue at the first hearing. The court will send your landlord a copy of your completed claim form. Your landlord may counterclaim for unpaid rent, missing items or damage you have caused. You can ask your landlord to cover this fee as part of your agreement. Complete form N208 from HM Courts and Tribunal Service. 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