Non-Protection of Deposits

Legal Obligations for Landlords

According to the Housing Act 2004, landlords must protect tenants’ deposits in one of three approved TDP schemes:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

This protection applies to assured shorthold tenancies (ASTs) in England and Wales and ensures:

• The deposit is safeguarded throughout the tenancy.
• Disputes are resolved fairly and impartially.
• Tenants receive the deposit or a justified portion after the tenancy ends.

Landlords must also provide tenants with the Prescribed Information, which includes details of the scheme used and how disputes will be handled.

Consequences of Non-Protection

When a landlord fails to protect a deposit within 30 days of receipt, or neglects to provide the prescribed information, they are in breach of tenancy deposit laws. This can result in:

• Compensation Claims: Tenants can claim compensation of one to three times the deposit amount.
• Legal Penalties: Courts may impose fines or sanctions on the landlord.
• Tenant Rights to Remain: If the landlord seeks eviction through a Section 21 notice, it may be deemed invalid if the deposit is unprotected.

How HPA Solicitors Ltd Can Help

At HPA Solicitors Ltd, we offer expert legal support for tenants affected by non-protection of deposits. Our services include:

• Claim Assessment: Reviewing your tenancy agreement and deposit status.
• Legal Representation: Assisting with court claims to secure compensation.
• Dispute Resolution: Handling cases through TDP schemes when applicable.

Why Choose HPA Solicitors Ltd?

We understand the stress tenants face when their deposits are not protected. Our solicitors are dedicated to ensuring landlords comply with the law and tenants receive their rightful compensation. With a track record of successful claims, we’re your trusted partner in tenancy deposit disputes.

Contact HPA Solicitors Ltd

If your deposit has not been protected or you didn’t receive the prescribed information, don’t hesitate to reach out to HPA Solicitors Ltd. We’re here to uphold your rights and ensure you get the justice you deserve.