In England and Wales, if a tenant is party to an assured shorthold tenancy agreement (‘AST’) which commenced after 06 April 2007, a Landlord is required to place the deposit in a government backed deposit scheme within 30 days of receiving it. A landlord must then give the tenant specific information about the deposit, including how the deposit is protected and how to apply to get the deposit back at the end of the AST.
If the landlord has not registered the deposit, an application can be made by the tenant to the county court for an order the landlord must either repay the deposit to the tenant or to pay it into a deposit scheme within 14 days and may also order the landlord to pay the tenant up to 3 times the deposit within 14 days/
Protecting a tenant’s deposit is essential if a landlord is seeking to recover possession of a property as without this, the landlord is unable to validly serve and action a notice of possession.
We are often approached by landlords and tenants in this position and can provide advice as to the appropriate course of action to take. Get in touch with our litigation team for a no obligation discussion on 0800 999 8880.
Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.