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Victory for Tenant in Tenancy Deposit Claim: £5,700 Awarded in Damages
Our expert team at Phoenix Legal Solicitors has secured a significant victory for a tenant in a tenancy deposit claim, emphasising the importance of landlords complying with their duties under the Housing Act 2004.
Background of the Case
The Claimant moved into a property in Slough and paid a deposit of £1,153.85 at the start of the tenancy. Over the years, they entered into three assured shorthold tenancy agreements, followed by a statutory periodic tenancy.
Despite this, the landlord never protected the deposit in a government-authorised tenancy deposit scheme — a clear and ongoing breach of their legal obligations.
When the tenancy came to an end, the landlord failed to return the deposit and offered no explanation or justification for withholding it.
Phoenix Solicitors Take Action
Once instructed, Phoenix Solicitors acted swiftly and issued court proceedings on the tenant’s behalf.
Despite being properly served with the claim, the landlord:
- Ignored all correspondence
- Failed to engage with the process
- Did not file a defence within the required legal timeframe
Phoenix Solicitors then formally notified the court that the landlord should no longer be permitted to defend the claim due to their continuing non-compliance.
At the final stages, the landlord belatedly instructed solicitors and made a last-minute settlement offer. The Claimant — confident in the strength of the case — rightly rejected it.
The Court’s Decision
With no valid defence before the court, judgment was entered in the Claimant’s favour. The court awarded over £5,700 in damages, reflecting:
- The seriousness of the landlord’s failure to protect the deposit
- The repeated breaches across multiple tenancy agreements
- The unlawful retention of the deposit at the end of the tenancy
This decision highlights the robust approach courts take when landlords fail to meet their legal responsibilities.
Why This Matters
Under the Housing Act 2004, landlords must:
- Protect the deposit within 30 days of receiving it
- Provide the prescribed information confirming how and where the deposit is protected
- Return the deposit at the end of the tenancy, unless deductions are lawful, justified and properly communicated
If a landlord breaches these duties, the tenant can claim between one and three times the original deposit amount per breach.
This case is a clear reminder that landlords who ignore their obligations risk substantial financial penalties.
Need Help with a Similar Claim?
If you believe your deposit was not protected, or your landlord has unfairly withheld it, Phoenix Solicitors can help.
Our expert tenancy deposit team can:
- Assess your case for free
- Confirm if your landlord has breached the law
- Take swift action to secure the compensation you may be entitled to
Contact us today for a free initial consultation.
0151 306 3694