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Student Tenancy Deposit Non-Protection Claims: FAQs
Tenancy deposit non-protection is a common issue for students in rented accommodation. Below, we answer some of the most frequently asked questions about student tenancy deposit non-protection claims, including who can claim, how much compensation may be awarded, and what evidence is required.
Can I Make a Claim If I Have Already Moved Out?
Yes. You can still bring a tenancy deposit non-protection claim even if you have already moved out of the property. A landlord’s duty to protect your deposit applies from the moment it is paid, and a claim can be made after the tenancy has ended.
What If My Landlord Has Already Returned My Deposit?
You may still be able to claim compensation. Returning the deposit late, or after failing to protect it, does not remove the landlord’s legal breach. The court can still order the landlord to pay between one and three times the deposit amount as a penalty.
How Much Compensation Can I Receive?
The court has discretion to award compensation of between one and three times the value of the deposit, depending on the seriousness of the breach.
For example, if your deposit was £600, compensation could range from £600 to £1,800.
What Evidence Do I Need for a Non-Protection Claim?
You will usually need to provide:
- A copy of your tenancy agreement
- Proof of deposit payment, such as a bank statement or receipt
- Any correspondence with your landlord or letting agent relating to the deposit
Your solicitor can use this evidence to demonstrate that the landlord failed to comply with their legal obligations.
How Long Do I Have to Bring a Claim?
In most cases, you have up to six years from the date the deposit should have been protected to start legal proceedings. However, it is always advisable to seek legal advice as early as possible.
Can I Make a Claim If I Was in a Joint Tenancy With Other Students?
Yes. Where students sign a joint tenancy agreement and pay a shared deposit, all tenants are entitled to bring a claim against the landlord. Any compensation awarded is usually divided between the tenants.
Do I Need a Solicitor to Make a Tenancy Deposit Claim?
While it is possible to bring a claim yourself, obtaining advice from a solicitor experienced in student tenancy deposit claims in the UK can significantly improve your chances of success. A solicitor can deal with negotiations, prepare your case, and represent you in court if necessary.
How We Can Help
Our housing law team can quickly check whether your student tenancy deposit was protected and advise you on the best course of action.
Contact us today to discuss starting your claim. Alternatively, answer the questions below and we will get in touch with you.
Use our compensation calculator to find out how much compensation you could obtain.
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