My deposit isn't protected: what can I do?
If you has reason to believe your deposit hasn't been protected, the first step is to check with the three possible schemes that it 100% hasn't been protected. To check your deposit status you will need the tenancy start date, deposit amount and the surname the deposit is logged under.
Please note a landlord doesn't have to protect your deposit if you are a lodger or it's a company let. If you signed an Assured Shorthold Tenancy there should be information within the document to say who the deposit is logged with as well as the schemes prescribed forms which a Landlord needs to legally give the tenants a copy of. The landlord has up to 30 days from receipt of the deposit funds to register it.
How to get your deposit protected
If you have noticed that your landlord hasn't registered your deposit within the 30 days of receipt you can politely ask them to do so, just because it's late doesn't mean it isn't worth doing.
Court action during tenancy
If the landlord refuses to register the deposit you can take the matter to court requesting either for the landlord to register the deposit or issue the amount back to you. You may wish to seek compensation of 1-3 times the deposit amount, the court will decide if any compensation is awarded and the amount.
Court action after tenancy
If you discover at the end of the tenancy that the deposit wasn't protected and the landlord is trying to make deductions from the deposit which you don't agree with you will need to take the matter to court where they will award and the deposit accordingly based on the documentation they receive as well as award any compensation due to you following the deposit not being registered.
Please note to take the matter to court you all need evidence via the Tenancy Agreement, the three schemes that they don't hold your deposit and bank statements showing the rent payments each month as well as the deposit amount being transferred to the landlord. If you lose the case fee's will be due, if you win the case the judge will pass the fee's to the landlords.
We hope the above information has been useful, if you have any questions please don't hesitate to contact us.