Karen Smith, fee earner in our dispute resolution team recently settled a case for Phillip and Boudicca Stretton-Brown who had been fighting to receive their tenancy deposit back from their former landlord.
Phillip and Boudicca entered into an assured shorthold tenancy agreement with their former landlord in May 2011. At the time of signing the tenancy they paid a deposit of £700.00 to their former landlord.
By law the deposit had to be protected in an approved government scheme within 30 days of this being paid. A certificate confirming that the deposit was protected should have been provided to Phillip and Boudicca and the prescribed information should have been served at this time as well.
After leaving the tenancy Phillip and Boudicca asked for their deposit back from their former landlord. However, this request was met with some resistance from the landlord who claimed damage was caused to the property after the end of the tenancy. Phillip and Boudicca disputed this but their former landlord refused to repay the deposit.
After seeking specialist advice with this case it became apparent that the deposit had not been protected in one of the government schemes as it should have been. Should it have been protected the deposit schemes would have offered mediation to resolve the allegations of damage that were being raised.
After Stephensons proceeded with the case against the former landlord an out of Court settlement was reached and Phillip and Boudicca were awarded the return of their deposit and compensation for their former landlord’s failure to protect the deposit as he should have done.