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Take legal actions on landlord during continuation of tenancy for deposit protection

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475 views 1 replies latest reply: 03 October 2014
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Tenant

Hi,

I am renting a flat under Assured Shorthold Tenancy Agreement. I am not sure my deposit is protected by the landlord. I asked my agent for the same but got no response. I read here in another post that I can take the landlord to the court. I would like to know whether it is possible to file a case in the court while my tenancy has not ended yet?

Thanks

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Administrator

If your landlord has not protected your deposit, s/he is breaking the law. It must be put into a government backed Deposit Protection Scheme within 30 days of receiving it, and you must be given the prescribed information regarding the scheme.
You can ask a county court to order the landlord to place your deposit in a government-backed scheme after certain steps have been taken by you to get your landlord to protect your deposit.

The court can order the person holding the money to repay it to you or pay it into a custodial scheme within 14 days. If you decide to claim compensation for late compliance, you should seek legal advice in order to follow correct procedures become aware of the risks. Successful cases can result in the landlord being ordered to pay you up to three times the amount of your deposit.

For more information regarding what steps you should take and where to go for legal advice, see our article on TDP schemes:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

All the best.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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