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Tenant Secures £4,512 in Unprotected Tenancy Deposit Claim
At Phoenix Legal, our housing law specialists recently secured a successful outcome for a tenant in Sheffield who was left significantly out of pocket after their landlord failed to protect or return their tenancy deposit.
Background of the Case
Our client paid a £1,000 tenancy deposit when renting a property in Sheffield. Unfortunately, at the end of the tenancy, the landlord failed to return the deposit and had never protected it in a government-approved tenancy deposit scheme — a clear breach of the Housing Act 2004.
When the landlord became uncontactable and ignored all attempts to resolve the matter amicably, our client had no choice but to instruct our firm to pursue the claim through the courts.
Court Proceedings
Despite our pre-action correspondence and providing the landlord with an opportunity to engage and settle the claim, no response was received. The matter therefore proceeded to court.
At the final hearing in April 2025, the landlord again failed to respond, and the case was heard uncontested. The court found in favour of our client and awarded:
- 3x the deposit as a penalty for non-compliance under Sections 213–214 of the Housing Act 2004
- Return of the original £1,000 deposit
- A 10% uplift under CPR Part 36, as our client had made a reasonable pre-litigation offer which the landlord failed to accept
In total, the court ordered the landlord to pay £4,512.66, plus our client’s legal costs.
Enforcement Action
Despite judgment being entered, the landlord has continued to ignore correspondence and has failed to make payment in accordance with the court order.
The case has now been passed to our enforcement team, who are taking further steps to secure full recovery of the judgment debt on behalf of our client.
What This Means for Tenants
This case is a strong reminder that landlords are legally required to protect tenancy deposits in one of the government-approved schemes within 30 days of receiving the deposit.
Failure to comply can result in the landlord being ordered to pay the tenant:
- Up to three times the deposit amount as a penalty
- The return of the original deposit
- Potential additional costs and interest
Importantly, a claim can still be brought even if the tenancy has already ended.
If your landlord has not protected your deposit, you may be entitled to significant compensation.
How We Can Help
At Phoenix Legal, our specialist housing and tenancy deposit solicitors act for tenants across England and Wales. We handle claims on a No Win, No Fee basis, allowing tenants to pursue justice without financial risk.
If you believe your deposit was not protected or has not been returned, contact our team today for a free initial assessment.
Call us on 0151 306 3694, submit your contact details using our contact form, or send an email to ab@phoenixlegalsolicitors.co.uk.
0151 306 3694 ab@phoenixlegalsolicitors.co.uk