Am I able to claim as my deposit was not protected within 30 days? | The Tenants' Voice
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Am I able to claim as my deposit was not protected within 30 days?

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137 views 3 replies latest reply: 03 August 2017
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Tenant

Hi everyone 🙂

So I have recently moved out of my first student house and the estate agent only wants to give back £1000 of our £2100 deposit, for 5 tenants (I know, ridiculous).

For many of the charges, we can prove the issues already existed and we complained about the cleanliness at the beginning of our tenancy (which was never resolved), so are hoping we can rely on this to eliminate many of the cleaning charges (which add up to £400).

However, there are certain issues where we do not have any evidence. One of the charges is for filling a hole in the wall behind the TV. We were never aware of this issue when we moved in, so did not include it on the inventory, but the wall hasn’t been damaged since we have been living here. Is there any way we can dispute this charge? Furthermore, we have been charged £168 for missing shelves in the freezer – we just assumed there was only two shelves in the freezer as it is not obvious that there should be four, thus again, it was not included on the inventory – is it possible to dispute this also?

I have been researching about getting our full deposit back and came across deposit protection, which I did not know much about (I know I should have looked into it before signing any agreement). It states that our deposit must be protected within 30 days of receipt and information on it must be served within this period also. We paid the deposit in full in December 2015, however we did not receive any information on it being protected until 1 August 2016 (our tenancy began on 1 July 2016). I have logged on to the DPS website and on my profile it states that the deposit was paid on 1st July 2016, which is not the case. My question is: does this mean that our deposit was not protected until 1 July 2016? And: is it possible to make a claim based on this, and therefore get our full deposit back?

Thank you for any advice or clarification in advance, just want to know what is fair!

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Tenant

ALSO in the contract it says they will provide us with an inventory within 14 days but we didn’t receive it until 7 months after our tenancy began and it was completely wrong (silly stuff like the blinds were different colours and random furniture which didn’t exist – clearly can’t be relied upon) – is this something we can also bring up ?

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Tenant

Just to add to the above:

after re-reading the contract, the amount paid was listed as a ‘non-refundable retainer’ which is said to become the deposit at the start of the tenancy (1 July) however we did not receive details until 1 Aug so this is still not within the 30 day period, albeit just by one day – can we still claim?

Also, in our contract they state that we will receive details writhing 28 days, so by this they are 3 days out, will this make a difference?

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Tenant

Hello, 

You’re walking on a thin line, but if all technicalities are proven correct, you might just be able to claim compensation. 

Here is what you should do:

Visit our tenancy deposit checker page – http://www.thetenantsvoice.co.uk/tenancy-deposit-checker/ – and use the tool to perform a search for your deposit. After the search and regardless of the results, you will be prompted with an option to contact our partner solicitors at Deposit Recovery Claims. 

On their website, you’d need to fill a big form. When you submit it, you will be contacted by their team to verify their details and you will receive some free advice on the options you have to claim a compensation. 

If they deem you eligible, you can start a claim with them and they will handle the entire process.

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