Unprotected deposit claim – 6 year rule?

A landlord that fails to protect their tenant’s deposit could be fined up to three times the deposit amount and may not be able to issue a correct Section 21 notice, if you’ve failed to provide your tenant with a copy of the deposit protection certificate on each ast agreement renewal.

In short, the LL doesn’t have a leg to stand on.

It’s always best to get Legal advice from actual legal professionals.

I have done hundreds of these claims against landlords and defended many for landlords.

When a landlord doesn’t take proper advice or they get a “gung-ho” aggressive company (I won’t name & shame buts it’s often the same one) to defend them it can end up costing double or more in costs simply because they employed a cowboy to argue about everything.

The cowboy doesn’t care about the costs as they get paid by the landlord, and want the flex their non-legal muscles, the NWNF lawyers are earning more because the landlord’s cowboy isn’t properly trained and thinks the way to negotiate is to be argumentative.

Good lawyers know to just settle as that is what the courts want and teach us to do, everyday.

Reply to the comment left by Andrew Thompson at 18/11/2022 – 21:42
Hi Andrew, did you get any help with your case? Please would you mind in boxing me details of who supported you with your case?

As with most things (not mortgages) you can’t claim anything financial after 6 years have passed – but that wont be based on the moving in date, it will be the moving out date. There is also a date after which you can chuck old paperwork away which is generally 5 years. So if they ask you for any old paperwork just say you don’t have it any more

Reply to the comment left by K Anon at 17/11/2022 – 22:19
Hi K,

I know this is a very old thread but can I please ask how and why you came to spend £3,500 defending your case from such a weak possition? To me it feels like you’d have been better off not mounting a defence and either settling out of court or just accepting whatever the judge hands you (which would probably have been 1.5 x the deposit anyway).

Had you not have appointed a defence solicitor to act on your behalf you’d have saved 3.5k right there plus the fee for the NWNF solicitor would probably been considerably less as they wouldn’t have had to ‘fight’ with your solicitor.

Gary.