TENANCY DEPOSIT CLAIMS
If you have paid a deposit under an Assured Shorthold Tenancy, your landlord has duties owed to you. If they do not perform these duties, you could get significant compensation. At Gifford Cairns, we can help you do so on a No Win No Fee basis.
Within 30 days of receiving the deposit from you, your landlord must protect this deposit in one of only three recognised schemes and provide you with prescribed information regarding the deposit.
How Much Can I Claim?
The law states that, if your landlord fails to deal with your deposit correctly, the Court may award you an amount of 1-3 times the deposit, plus the deposit itself.
When there are multiple tenancy agreements or renewals with one landlord, or when there is a significant period of occupation under a periodic tenancy, you may be entitled to a far greater amount of money.
How Much Will I Really Get?
As a practical example, we look at Larry, a tenant under an AST at 123 Grove Lane in Wilmslow.
Due to the high demand for quality property in Cheshire, Larry pays his landlord £6,000 as a deposit.
Larry’s landlord knowingly fails to protect the deposit, and fails to provide any prescribed information, despite agreeing to do so in Larry’s tenancy agreement.
- Larry’s deposit – £6,000
- Larry’s Potential Claim – £18,000 (3 times the deposit)
Court Awarded Damages with Larry’s Deposit Returned – £24,000
FAQs
I have moved out, Can I claim?
Many clients suspect that, once the tenancy ends, so does your entitlement. This is not the case. You have 6 years from the date of the landlord’s breach. Therefore, nothing is stopping you if you still have time.
Who can claim?
- You must be/have been a tenant under a lease.
- You were not provided the correct information within 30 days.
- If your landlord tells you he forgot to do so.
- If your tenancy is over, and your landlord attempts to retain all of your deposit.
Do I need to pay any fees?
Gifford Cairns operates deposit claims on a no-win-no-fee basis. This means, if we are unsuccessful, you do not pay a penny.
If we are successful, we will take a modest 25% of the total award received, including your deposit. Our fees may also be recovered from your landlord in rare cases.
This means you get to enjoy top-quality legal representation, our dedicated support, and our expert guidance, without paying for it.
Am I eligible?
Given the nature of these claims, we have established criteria:
- Your deposit must be over £1,000.
- You must have paid your deposit at any time after the 6th of April 2007.