Tenancy Deposit Claims- Housing Disrepair Claims
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Tenancy Deposit Claims- Getting in the Know!

Posted on: Tue Nov 16 | 9:14 AM by: housing

Has your landlord failed to protect your deposit within 30 days of receiving it or throughout your tenancy period? You can make a claim against your landlord 

Tenancy Deposit Claim

If you have paid rent to a landlord of a privately owned building, you will be expected to pay the landlord a security deposit. This deposit is, in most cases, equivalent to a month’s rent. If on or after April 1, 2013, you paid rent to your landlord or an agent, your landlord must protect this deposit in an authorized tenancy deposit protection scheme.

A tenancy deposit is, therefore, a deposit a tenant makes to the landlord which provides the landlord with security in the event of damages caused by the tenant or when the tenant fails to pay rent. 

It is expected that your landlord, after receipt of tenancy deposit, will protect the deposit within 30 days from the day of payment, with any of the three deposit protection scheme providers in the UK which are: 

  • The Deposit Protection Service
  • MyDeposits
  • The Tenancy Deposit Scheme

It is also required of your landlord to inform you which of the schemes the deposit is held in. 

Furthermore, your landlord is expected to provide a copy of the deposit protection certificate to you as a tenant or to a 3rd party (if the third party paid the deposit for you). 

The landlord should also return deposits within 10 days of agreeing with you how much will be returned. 

Failure to comply with any, some or all of these means that you are entitled to make a tenancy deposit claim against your landlord

 Legal‌ ‌Aid‌ ‌For‌ Housing Disrepair Solicitors

Can I make a tenancy deposit claim?

You are qualified to claim compensation if your landlord breaks any of the following tenancy deposit protection rules: 

  • Takes too long to place your tenancy deposit in a protection scheme (more than 30 days).
  • Does not provide you with information regarding your tenancy deposit protection scheme
  • Fails to place your tenancy deposit in any of the authorized tenancy deposit protection schemes. 

You may have likely been through this difficult experience from your landlord. If so, fret not. Our tenancy deposit claim solicitors are here for you, to help you claim compensation for your tenancy deposit.

How much tenancy  deposit compensation will I get?

If you can prove beyond a shadow of a doubt that your landlord has broken any of the rules stated above, then you are entitled to being compensated by your landlord. You can receive compensation of about 1-3 times the amount of your deposit, or a full refund of your tenancy deposit. 

However, in cases where there are multiple breaches, the amount of compensation you will receive will most likely increase. For instance, if the deposit you laid at the beginning of your tenancy was not properly protected, then you later renew your tenancy agreement for a second term, this would count as two separate breaches of the tenancy deposit law. In this case, the penalties for the breach of the law will be applicable twice. 

How to make a tenancy deposit claim

In order to make a successful tenancy deposit compensation claim against your landlord, you need to provide substantial evidence regarding the case. 

In order to establish your facts, you’ll need to furnish evidence such as:

  • a copy of your tenancy agreement
  • the receipt or confirmation you paid your deposit
  • letters to and from your landlord
  • records of rent payments
  • printouts of your searches on the tenancy deposit protection websites.

If your landlord is in breach of the rules and you are able to provide the required evidence, it simply means that you can begin your journey to claiming compensation. 

Contact our tenancy deposit claim solicitors to help you go all the way. 

Is there a time limit for making a claim?

The standard time limit for making a contractual claim is six years, starting from the date the claim arose. I’m the case of a tenancy deposit claim, the time limit for claims will begin to count from the date which the landlord was supposed to return the deposit till the next six years. 

How long does it take to make a claim?

Given the expertise of our tenancy deposit claim solicitors who have developed an efficient and effective method of managing compensation claims for tenancy deposit disputes, claims for tenancy deposit compensation last a relatively short period of time. 

Tenancy deposit compensation claims, starting from the day of submission, are mostly concluded in about 12 to 16 weeks (3 to 4 months).

However, if the landlord is willing to cooperate, the claim will likely not get to court. This makes the time frame much shorter. 

Housing Disrepair Define

Housing disrepair simply refers to a property rented by someone who is in need of repair so as to be considered safe and suitable for tenants to live in.

If you are living in a rented property that has fallen into disrepair, as a tenant, you may make disrepair claims against your landlord. 

Your home can become damaged if your landlord fails to fix things or fails to keep the house in good condition. It is the legal obligation of all landlords to maintain the structure and exterior of their property in order to enable a reasonable standard of repair. 

As a tenant living in rented accommodation, your landlord is required by law to ensure that:

  • The house you live in is in a good state of repair structure-wise
  • Your house is entirely free from damp and mould
  • Your drains and gutters are clear and working as they should be
  • You have a working heating system
  • You have safe access to electricity, gas and water
  • You have working sanitation facilities i.e. toilet, basins, sinks, etc.
  • Your home is free from vermin or insect infestation

In a house in need of repairs, if the landlord fails to carry out the repairs within a short period of time after the issues are reported by you, this could as well be regarded as housing disrepair.

What repairs makeup housing disrepair?

Generally, housing disrepair includes damp, mould, condensation, leaks, drainage, flooding (internal and external), repointing of brickwork, missing or lose tiles, structural cracks, insect and vermin infestation, poor ventilation, boiler issues, no running or hot water or heating, among others.

Whether you’re a social tenant living in either a housing association or council-owned properties, or a private tenant with a private landlord, housing disrepair responsibility falls to the landlord.

Common types of disrepair include:

  • Leaks
  • Mould
  • Damp
  • Cracking
  • Subsidence
  • Infestation
  • Condensation
  • Drainage
  • Repointing of brickwork
  • Missing or loose tiles
  • Structural cracks
  • Insect and vermin infestation
  • Poor ventilation
  • Boiler issues

Why can I claim compensation?

The Landlord and Tenant Act (LTA) 1985, which applies to tenancies entered into after 1961 clearly sets out the obligations of the landlord to the tenant. 

Summarily, Section 11 of the Act ensures that the landlord will: 

  • keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes
  • keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity
  • keep in repair and proper working order the installation in the dwelling for space heating and heating water.

This gives you a basis upon which to make your housing disrepair claim. Do not fail to contact our housing disrepair solicitors to help you claim compensation. 

MAKE A CLAIM

What can I claim for?

You can claim for disrepair compensation for a number of reasons. They include: 

  • Personal injury: It is possible for you to claim compensation for any ill health which the disrepair caused you or anyone living within the property. However, the amount of compensation you will receive will depend on various factors such as the severity of your illness and how long it has lasted. 

Additionally, you will also be able to recover any financial losses you have been subjected to due to your illness caused by the disrepair.

  • Damage to belongings: The value of damages to your personal belongings can be included in your claim for compensation. Examples include mould-affected clothing and bedding, carpets ruined by a leak or electrical appliances damaged by electrical problems. Compensation for damages to your personal belongings will only cover the cost of repairing or replacing the damaged property. This means that you may get less than the cost of the item anew, as you would be expected to buy second grade items to replace them. You would need to present evidence such as photographs, and receipts to show you have had to purchase a replacement or repair the item or items.
  • Any further trouble that you may have been caused as a result of the disrepair. 

How much can I claim?

You can claim monetary compensation for disrepair depending on how severe the disrepair is, how long the disrepair has been present and the effects of the disrepair on you as an individual.

A completely uninhabitable property will result in 100% compensation. However, this is an extremely rare scenario. Normally, compensation ranges between 25% to 50% of the rent paid on the property. You may choose to report the case to a nearby housing association for disrepair.

What does it cost to make a claim?

Our no win no fee agreement means that we will not charge you for assessing your case throughout the claim process. However, at the end of a successful compensation claim process, you will be required to pay a success fee of only 25% of the total compensation received. 

Thanks to our basis of no win no fee, housing solicitors are not allowed to charge you a dime, even if the claim process turns out unsuccessful. 

START A CLAIM

Why choose us?

We offer you the best housing disrepair solicitors in the UK, with numerous years of experience handling various cases and earning compensation for clients including compensation for mould and damp. 
We charge only 25% of the total compensation at the end of a successful claim, thanks to our basis of no win no fee. Housing disrepair solicitors give their utmost to ensure you receive your due compensation claim.

Can You Sue Your Landlord For Mould and Damp?

This will depend on certain factors. 

It may be necessary to work out who could be at fault for the mould or damp. It could be tricky to prove that damp caused by condensation was a landlord’s fault in some cases particularly when it may be difficult to answer the question of whether it was poor ventilation or the tenant’s actions that caused the condensation to occur. 

If there is some doubt about whose fault the mould or damp is, then it could be likely that you would need the property inspected by an independent party to try and ascertain who was at fault. In some cases, the tenant’s lifestyle might lead to damp caused by condensation, whereas in others, the landlord may have avoided the issue of damp if the property had better ventilation.

To sue a landlord for mould is a tenant’s right, mould and damp caused by the landlord can lead to tenants seeking compensation for disrepair.

What are the common reasons for tenancy deposit deductions?

The following are common reasons for tenancy deposit deductions: 

  • Unpaid rent at the end of the tenancy.
  • Unpaid bills at the end of the tenancy.
  • Stolen or missing belongings that are property of the landlord.
  • Direct damage to the property and its contents (owned by the landlord)
  • Indirect damage due to negligence and lack of maintenance.

How do I get my tenancy deposit back?

You’ll need to contact your landlord at the end of your tenancy and ask them for your deposit. If your home is managed by a letting agency, you’ll need to contact them instead. It’s best to write or email when you ask for your deposit back – if you do, you’ll have a record of when you asked for it.

Can I get my tenancy deposit back if I cancel the tenancy agreement?

If you made a tenancy deposit on a property, you should get something in return to make it a valid contract. This could mean the property was held for a while to give you time to sign a lease. If you change your mind within that period and cancel the tenancy agreement, the landlord is bound by law to refund your tenancy deposit.

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