My Landlord Won’t Return My Bond!

Since 2007, all bonds that tenants give to landlords must be registered in a regulated, government-approved tenancy deposit scheme. If your landlord has not registered the bond and provided you with prescribed information, they are in breach of the Localism Act (amended in 2011).

This law was brought in to prevent rogue landlords from taking your bond and using it for their own purposes; also, the courts were being inundated with claims from tenants whose landlords were refusing to hand over the bond at the end of the tenancy.

Tenancy deposit schemes mean that, if there is any dispute over the bond, the tenant has the right to ask an arbitrator to look at the facts and decide whether the tenant should get all or part of their deposit back. Details of the scheme must be given to the tenant at the outset and this is known as the ‘prescribed information’. The landlord must provide the prescribed information again when the tenancy becomes periodic or when further tenancies are given.

Sadly, many landlords still do not comply with these regulations. Bonds are still commonly taken from tenants and held in landlords’ personal bank accounts rather than being registered in an approved deposit scheme.

Q: How can I find out whether or not my bond has been registered in a tenancy deposit scheme?

A: You can telephone the DPS (Deposit Protection Service) and ask them. Their details can easily been found on the internet. Also you can telephone My Deposits and ask them.

Q: What if my deposit has not been registered?

A: If the bond has not been registered within 14 days of receipt (2007 – 2012) or 30 days of receipt (6 April 2012 onwards), then you will have a claim against your landlord for 3 times your monthly rent, plus the return of your bond. For example, if you pay £500 a month in rent, you may be able to obtain £1,500 plus your bond (that’s £2,000 in total).

Q: How do I get this money back?

A: Newbold’s housing solicitors will get the money back for you. We may even be able to get more than 3 times your monthly rent, because the landlord may have breached other terms of your tenancy agreement and they may have breached them more than once. We will only charge you 25% of the amount you are awarded. This amount will only be payable when and if you receive the money from your landlord.

Q: What if my landlord has registered my bond but failed to provide me with the prescribed information?

We are a very experienced team of housing solicitors, and we can ensure that the whole claims process is stress-free for you. We can help you with all aspects of housing law, including harassment, eviction, possession documentation and disrepair. We can even undertake some cases on a ‘no win no fee’ arrangement. Please contact Newbold Solicitors for a friendly assessment of your claim.