Tenants awarded large sum in tenancy deposit claim

In a recent case, Willans’ tenancy deposit specialists obtained an order for over £32,000.00 for clients whose landlord had failed to protect their tenancy deposit.

Since 6 April 2007, deposits taken under an assured shorthold tenancy must be protected with a government-approved tenancy deposit scheme and the correct prescribed information must be provided. The landlord is required to comply with these obligations within 30 days of receiving payment of the deposit from the tenant.

In this case (Lin, Yin and Shi -v- Milner [2025] County Court, unreported), the tenants paid a substantial deposit of £4,615.38, which was due to be protected in accordance with Section 213 of the Housing Act 2004. The landlord failed to protect the deposit under the initial tenancy and again failed to protect the deposit under a second tenancy, until significantly out of time. The prescribed information had never been provided.

The tenants instructed Willans’ specialist property litigation lawyers for assistance in bringing a claim against their landlord.

Following the landlord’s failure to protect the deposit as required, provide the prescribed information and to return the deposit, the Court awarded the maximum of three times the value of the deposit in respect of each of the tenancy breaches. In addition to that, a favourable award was made in relation to costs and interest, with the tenants having beaten their own Part 36 offer made.

Can I bring a claim if my landlord has failed to protect my tenancy deposit?

If your landlord has failed to protect your deposit within a compliant scheme or failed to provide you with the required prescribed information, you may be entitled to bring a claim.

If you entered into a tenancy agreement or renewed a tenancy agreement within the last six years and you do not believe the deposit was correctly protected, our specialist property litigation team may be able to assist you.

What can I do if I have not correctly protected my deposit?

Contact our property litigation specialists who may be able to assist you in mitigating the risk to you and to seek to avoid the above situation. If you have any queries or concerns about correctly protecting a tenancy deposit or providing the correct prescribed information, we are here to assist.

To arrange a free initial consultation telephone call regarding your potential tenancy deposit claim, please contact our team.

Disclaimer: Please note that this page is for guidance only and does not replace legal advice. Speak to us if you seek advice, we’d be delighted to help you resolve your dispute.