To file a claim for a tenancy deposit, the landlord would have had to break the deposit agreement. If they did fail to protect the deposit, a renter could receive up to three times the original amount. Our article features critical information that you need to know about filing a claim with tenancy deposit claim solicitors.

How Does A Renter Know If Their Landlord Failed To Protect Their Deposit?

The landlord would be held responsible if they failed to protect the deposit during a 30-day period upon receiving, provide written information during this time or if they simply failed to protect a renters deposit for the entire period of the tenancy. However, if compensation cannot be claimed, the landlord should still return the deposit at the end of a tenancy period. To successfully handle this situation, tenants are advised to seek good legal advice from a solicitor.

What Evidence Will Be Needed To Make A Claim?

Successful cases run on the basis of evidence. Evidence usually comes in the form of the following:

  • Confirmation receipt of deposit payment
  • Copy of tenancy agreement
  • Records of rent payment
  • Correspondence between a tenant and their landlord
  • Proof of search results from tenancy deposit sites

Send A Letter Before Action

Before starting the process started, a formal letter is usually issued. It should be done in proper detail validating claims. Tenants should seek to use the appropriate template to suit the situation that they’re in. Some of these are as follows:

  • Claiming compensation while being a tenant
  • Claiming compensation after the tenancy period
  • Claiming compensation as well as a full or partial return of the deposit

In some instances, landlords tend to agree on a settlement amount before the messy court battles begin. If the landlord failed to give a positive response then the matter goes to court.

How To Make A Tenancy Deposit Claim?

For tenants to make a claim, they need to complete the N208 form that comes from the Tribunal Service and HM Courts. There is usually provided guidance to aid with this, if a tenant is still unsure, they can take them to their legal counsel. When filling out the forms, 3 copies will need to be made; one copy goes to the landlord, another to the court and a personal copy.

Tenants should also get 3 copies of the notes from the defendant for guidance. All the necessary forms can be found online or at a local county court. If tenants are interested in claiming interest they can do so by stating their claims on the claims form. After the evidence has been attached, forms can be mailed into the county court within the area.

When Are Tenants Required To Pay Court Fees?

They are usually instructed to pay £308 to get the process started. After they’ve won the case, they can recover the cost from their landlord. If the case fell through, tenants won’t get the fee back. However, they can apply for an exemption or reduction in the allotted amount if they currently make a low income or claim for specific benefits.

What Happens After The Forms Are Mailed In?

After mailing in the forms, the landlord will soon receive their copy. To avoid the court scene, a landlord could offer a decent settlement amount. If the tenant is happy, they can accept; if they’re not, the matter will be presented to the court.

What Happens In Court?

If a decent settlement was refused, there’s a chance that a tenant will have to pay some of their landlord’s court fees. Additionally, the landlord will also issue a series of counterclaims against the renter. To properly prepare, consult with a solicitor before going to court. If the case goes in favour of the tenant, the judge will decide a suitable compensation amount; if it goes the other way, better be prepared to pay the landlord’s fees

As we conclude, we have just looked at how to file a tenancy deposit claim. Before taking actions, be sure to consult with a solicitor. Solicitors will do everything in their power to help make any case a success.