Hibberts Solicitors offer first class legal advice for landlords or tenants
Since 6thApril 2007 you have had to protect any deposit in a regulated deposit scheme. If you took a deposit before that date, then since 6thMay 2012 you also had to protect it.
If you failed to protect it within 14 (now 30) days and to provide the tenant with the Prescribed Information, (which can include a Deposit Protection Certificate and the terms and conditions of whichever scheme you use) the tenant has an automatic right to ask for the return of the deposit and up to three times that amount as a penalty.
There is no defence to that claim. You are also unable to issue proceeding based on “no fault” – commonly called Section 21. – until you return the deposit. The claim against you for up to three times the deposit remains live for 6 years.
The law is heavily weighted in favour of the tenant and a landlord needs fast, clear and pragmatic advice. If you have taken advice on the creation of your tenancy you should have the correct paperwork in place
Many years of experience acting for both landlords and tenants in the problematic area of possession proceedings allow our team to ensure you receive the right advice when you need it to secure your property.
We can assist in negotiating an agreement whereby the tenant vacates and releases landlord from any liability.