Free Guide - Tenancy Deposit Reclaim

About this guide

Despite a number of laws that set down strict guidelines for the proper handling of tenancy deposits, many landlords fail to properly protect them. This allows them to earn interest on it, make unfair deductions or withhold it completely at the end of the tenancy.

Disputes over tenancy deposits can be extremely time-consuming and feel futile for tenants. In a system that can appear weighted in the favour of dodgy landlords, thousands of people are having their deposits stolen or deductions made unfairly.

This free guide lays out the process of complaining about or disputing the way your deposit was handled. We explain the legal obligations of landlords to protect deposits, the process your complaint should follow and what redress you should expect.

The law

The law states that a tenancy deposit cannot be more than 5 weeks rent – and must be properly protected.

Landlords have a responsibility to protect the deposit of tenants who rent under an Assured Shorthold Tenancy (AST) agreement by placing it in one of three government-approved registered tenancy deposit schemes (TDP): Tenancy Deposit Scheme, Deposit Protection Service or MyDeposits.

If you rent your home on an AST, your letting agent or landlord should inform you of which TDP they have used within 30 days of receiving your deposit. And at the end of your tenancy, your deposit should be returned to you within 10 days, minus any agreed deductions.

If your landlord has failed to follow these regulations then you could be entitled to your deposit back plus 3 or four times the amount in compensation.

Making a complaint

If your deposit has not been properly protected, you were not informed on time, or the deposit has been withheld at the end of your tenancy without sufficient justification, your first step should be to speak to the agent or landlord directly. Explain the situation and allow them to put things right. If you’re dealing with an agent, you may also want to contact your landlord directly and make them aware of your complaint.

If you are not happy with their response, email the manager of the letting agent, including copies of relevant documents, correspondence and notes or recordings of any calls. Explain your issue and what you want them to do about it. You may also want to contact your landlord directly and make them aware of your complaint.

Request a copy of your letting agent’s complaints policy and code of conduct and ask for confirmation of who will be handling your complaint. Your agent should respond promptly.

Complaining to the Ombudsman

If you’re unhappy with the outcome of a complaint to your landlord, are at a deadlock, or feel that you have exhausted the complaints process, you can complain to a regulatory body or Ombudsman.

Landlords usually take their findings seriously and act on them. However, this may be dependent on whether or not your landlord is a member of the Housing Ombudsman Scheme.

You can find out using their search tool:
https://www.housing-ombudsman.org.uk/residents/make-a-complaint/#iylamoos

Complaining to the Ombudsman

A complaint to the Housing Ombudsman may take some time to be investigated. But if the Ombudsman finds that your landlord has not fulfilled their legal obligations to protect your deposit, their report will include recommendations for a suitable solution, such as payment of compensation – up to 3 times the amount of the original deposit.

To complain to the Housing Ombudsman you can go via their website:
https://www.housing-ombudsman.org.uk/

You must include evidence of the improper handling of your deposit, but also that you have exhausted the complaint process with your landlord – so make sure you attach copies of previous correspondence.

Tenancy Deposit Claims

We know that many tenants have their deposit taken without justification – and just don’t have the time or energy to put in the work required to get it back.

We have a recommended provider, Home Rescue, who is offering legal assistance for those with a claim for tenancy deposit.

If your current or former landlord failed to meet their legal obligations when it came to protecting your deposit, you should consider making a claim.

With Home Rescue, not only will your legal costs be covered but you could get some serious compensation – up to three times the value of the deposit.