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How To Claim Against Landlord For Not Protecting Deposit?

It is important to get your deposit protected if you are a tenant in the UK.

Moreover, your landlord must also be aware of all the rules so that no dispute can arise later. The deposit protection scheme claim can let you get back the deposit when the tenancy period comes to an end. However, you have to follow the particular sequence to ensure a smooth procedure. The door for taking legal action is always open for the deprived tenant.

You must know the deposit scheme that the landlord selected to protect your money. The three choices include My Deposits, Tenancy Deposit Scheme and Deposit Protection Scheme. Alternative Dispute Resolution is present in each of these schemes. It will help you to get back the deposit amount. The landlord bond claim must be settled at the perfect time. You need not pay anything to utilize the services of ADR.

Reasons To Get Back The Deposit

The permissible period to claim against landlord for not protecting the deposit is three months. If you want to seek help from ADR, you have to give the evidence within this time period only. Please visit the website of the respective scheme and learn about the utility of the ADR services. No discrimination occurs when you are in front of the professional adjudicating authorities.

You need to fill in the specified forms for claiming the tenancy deposit back. However, valid evidence is mandatory stating the reasons why to file the case against the landlord.

  • Receipt of the deposit given at the initial stage
  • Photos taken before you leave the property.
  • Receipt of any amount for the cleaning and maintenance of the property
  • Any emails sent to your landlord regarding any problems you have been facing in the property. Thus, it is proof of not fixing the issue on the part of the landlord.

The ADR will not also check the evidence on the landlord’s side. Finally, they will decide how much money you are going to get. The time frame to make the decision is 28 days. Moreover, you need to provide all the proofs within 10 days.

After making the final decision, you will get an intimation from the ADR within ten days. Thus, you can know about the detailed procedure for making the tenancy deposit scheme claim without any hesitation.

Additional Points About Dispute

Legal actions become necessary when there is a dispute between the landlord and the tenant regarding the deposit amount. Furthermore, the landlord will often be unwilling to safeguard your money by putting it in a suitable scheme. Of course, this is against the law. Hence, he must pay compensation, often up to three times, the original amount.

However, if the dispute involves only a part of the total amount, you will receive the rest without any delay. The period you can expect this settlement will vary depending on the type of scheme, amount, and other ancillary circumstances.

Conclusion

Let your landlord decide the pattern in which he is willing to pay the money. The question of deposit protection scheme claim arises only when the landlord refuses to give the necessary amount. In such a case, you can always go to the small claims court to settle the matter within a short time. However, referring to the case can be cumbersome as well as expensive. You may also need to pay some extra charges while the proceeding is going on. Of course, you can pay them off with a high amount of compensation on winning the case.

 

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