Are You A Landlord Who Has Taken A Deposit From Your Tenant(s)? Invaluable Advice from Samuel’s Solicitors
10th November 2014
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Samuels Solicitors was founded in Barnstaple in 1985 and has become North Devon's niche litigation practice, as well as building an excellent reputation for private client and property services.   Their approach to clients' problems is sympathetic and they will not confuse you with any legal 'jargon', responding to any issue in plain English. 

Of paramount importance is their ability to keep clients informed on the progress of cases and respond quickly to clients' needs.  Their approach also understands that legal solutions should be cost effective and fees are discussed straight away.

Landlords should be aware that there is a 'trap' which will prevent you from getting your property back from a tenant!  Most (if not all) landlords take a deposit from a tenant for their property.  At the end of the tenancy, that deposit is either returned in full, or in part, if there has been damage to the property or unpaid bills for example.

All deposits taken from tenants should be paid into a recognised 'Tenancy Deposit Scheme'.  The Housing Act 2004 requires landlords and letting agents to protect deposits on assured shorthold tenancies in a scheme such as this.  They provide insurance-backed tenancy deposit protection with free, impartial dispute resolution for when disagreements arise over how the money is divided. 

Landlords may not be aware of their obligations under the Housing Act over information that must be provided to the tenant when the deposit is given.  This information includes:

  • The identity of the tenancy deposit scheme being used

  • Any relevant leaflet from that scheme

  • The procedure for getting the deposit back at the end of the tenancy

Landlords must supply this information to their tenants within a fortnight (14 days) of receiving the deposit.  If landlords do not do this then they may not be able to rely on notice to gain the property back from the tenant(s), face a fine and/or be ordered to pay the full deposit back to the tenant and be liable for legal costs.

It is an absolute MUST that all the information is provided to the tenant(s)within the specified time frames, so that any of the above consequences are avoided.

Samuels Solicitors specialise in dealing with Landlord disputes and can advise you on this issue and any other issues regarding your property(ies).  Call them now for a no obligation discussion on: 01271 308049 

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Sarah E

Member since: 10th July 2012

I'm Sarah and I live just outside Barnstaple near Umberleigh.
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