If your deposit was not protected, or it was protected more than 30 days after you paid it, your landlord or agent has broken the law. Was it protected? 1 like; esotehric. Any chances to avoid penalty? The amount of available financial means of a DGS has no impact on the YOU CAN CLAIM COMPENSATION HERE. Deposit was required to be protected because of the renewal even though no money actually changed hands. Normally your landlord will start the repayment process, though you can do this too by logging into your online account. Fast facts about your deposit: Your landlord is solely reponsible for protecting your deposit. The directive maintains the deposit protection of €100,000, and includes a gradual reduction of the repayment times of deposit guarantees. I return full deposit. However, the deposit was protected during the tenancy on 5 March 2013 and the prescribed information was provided on 8 July 2013. 5. Recent research shows that the average deposit in the UK is £800 with much higher deposits being paid on London properties. The law says “up to” 3 times the amount of the deposit. [Continued in the post below] Tags: None. And that’s not all – you can claim compensation of one to three times your deposit if your landlord didn’t protect it in a TDP. I was not asking for compensation! If your deposit is not protected, your landlord is liable for a penatly. So if I get my deposit back or some of it back am I then not entitled to claim compensation for late protection of the deposit? Enforcement. You could be entitled to compensation of up to £85,000. We lived in the house for almost six years and the landlord only protected it five years into our tenancy which was believe he did as he planned on getting me out. If, however, they issued proceedings and then you protected the deposit, you stand to lose three times the deposit. Was this page useful? You can still claim this compensation if your landlord has returned your deposit but they didn’t protect it while you were in the property or they protected it late. In this situation, the business is the protected entity, not each individual. The FSCS compensation limit applies to all deposits you have with an authorised institution, which may include several banking and building society brands. Background information: housemate and I originally signed for a property rental from 01/07/2015 to 30/06/2016, from an estate agent acting on behalf of a landlord. At present landlords must protect a deposit with an authorised scheme within 30 days of receiving it. If you do not receive a certificate within this 30 day period it is highly likely you are entitled to claim compensation from your landlord. Yes No. Deposits of Estonian branches of foreign credit institutions which are guaranteed and compensated under a guarantee scheme of the home country of the credit institution to the same or a higher level than prescribed by the Guarantee Fund Act shall not be guaranteed and compensated out of the Sectoral Fund. If you can answer yes to the following two questions then you may be entitled to claim compensation. Provided you protected the deposit, albeit late, and provided it was done before they issued legal proceedings, then they cannot claim the statutory three times the deposit as compensation. We can check to see if your tenancy deposit has been protected, and if it hasn’t, we can pursue your landlord for compensation. Deposit not protected by landlord; what compensation am I entitled to? Is there an issue with this page? What happens if a deposit dispute occurs? 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. All Member States extend this guarantee to their depositors. DEPOSIT NOT PROTECTED? Giles Peaker on 07/09/2017 at 7:08 pm Depends what you mean by ‘released’, but sounds like no deposit taken/retained for second tenancy. Landlords have an obligation to pay deposits received from tenants into a deposit protection scheme. Most businesses are protected but authorised financial services firms are not. † Not capital protected. after the 30 day deadline. The tenant made an application for the penalty as a counterclaim to possession and rent arrears where at the first hearing it was held-“Finally, the Defendant seeks a penalty pursuant to Sections 213 to 215 of the Housing Act 2004. Compensation for not protecting the deposit Many tenants think that they will be awarded three times the value of the deposit, also, the deposit back too. Tenant refuse any negotiations. The letter tells your landlord that you are not happy that your deposit has not been protected and that you plan on applying to the court to have it protected or refunded and/or to claim compensation. You could be entitled to compensation. The keyword is “up to” 3 times, which does not mean, that the tenant will automatically receive three times the value of the deposit. Reply. Our Basket Equity Linked Deposits are NOT capital protected. If your deposit is protected in our Custodial scheme. Your deposit doesn't have to be protected if you're a lodger or a student in halls. 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