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Deposit wasn't protected for three years. Now landlord wants to deduct £40

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294 views 2 replies latest reply: 11 January 2016


I moved into a property in summer 2012 and paid a deposit to our landlord.

We only received confirmation in summer 2015 that this money had been paid into a deposit protection scheme.

Since leaving the property earlier this month, the landlord wants to deduct £40 from the deposit for the cleaning of an oven (which she had previously said was fine during an inspection when we handed the keys back).

I’ve since read that the deposit should have been protected within 30 days, which it appears wasn’t the case.

Will I therefore be able to point this out to my former landlord and that she should pay the full deposit back, otherwise we will take her to court for not protecting the deposit? 

There seems to be some conflicting information online, so any help would be much appreciated.

Thank you.


There is a 30 day limit for a reason – if you were allowed to ignore it then landlords would. I suspect she just did not realise that the law had changed, but if you want to play hardball over £40, that is your choice. The threat of going to court and potentially being fined in addition would probably mean that she will return the whole lot.

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Hi Tom

Your landlord is required to protect your deposit within 30 days and to serve you with “Prescribed information” regarding that protection within the same period. If they failed to do this, you can claim compensation from your landlord as a result of this failure up to a maximum of 3 times the value of your deposit, as well as an order that your deposit be repaid in full.

I am a solicitor and I specialise in Landlord and Tenant Law. If you would like any further assistance on this case then I would be happy to discuss it with you on a no-obligation basis. Please feel free to give me a call on  0333 200 5203 or email me at .

Kind regards





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