Skip to main content

Insight article

October 25, 2018

Landlords must check they hit the spot with deposits

Claims for incorrectly handled property rental deposits are soaring and landlords should be alert to the danger and ensure they or their agents are complying with the legal requirements, if they want to avoid high penalties

According to figures from insurers, the number of claims relating to deposits peaked at 25% of all professional indemnity claims made by estate and letting agents in the first quarter of this year, up from just 3% last year. The claims most often relate to a landlord lodging a deposit late or failing to provide the correct information to the tenant about the terms and the deposit scheme used.

Under the Housing Act 2004, any deposit must be held by the landlord pursuant to an Assured Shorthold Tenancy Agreement (AST) in a registered deposit protection scheme and within 30 days, the tenant must be given specific details of the deposit protection scheme used and details about how the scheme works.

If a court rules that a landlord has failed in their duty, it can impose fines of up to three times the value of the deposit and the return of the deposit in addition to a fine, which must be paid within 14 days of the court order.

Property litigation expert Laura St-Gallay explains:

“It’s the landlord who will find themselves subject to the county court order. They may be able to bring a claim against the letting agent, if there is one involved, who in turn will claim on their professional indemnity insurance. It’s a costly business and bad in reputational terms for all concerned.”

She added:

“The legislation has been in place for a long time, but we see both agents and landlords getting it wrong still. Where landlords have a big property portfolio, they are more likely to have the right processes in place. For small-scale landlords or the accidental ones who may have ended up renting out their home while working elsewhere, it’s worth adopting some of the practices of the big boys as it’s no defence to say you didn’t know or had left it to your agent.

That includes taking some time to understand the law as it affects you as a landlord and having checklists for each stage of the tenancy. Then you need to ensure they are used each time, whether you are doing it yourself or checking that your agency has acted properly on your behalf. In the worst-case scenario, if you haven’t used a deposit scheme when you should have, the court can rule that a tenant does not have to leave the property when the tenancy ends.”

In addition to ensuring that the deposit is properly protected within the relevant time scales and that the Prescribed Information is provided to the tenant, landlords must now ensure that tenants are provided with a copy of the current “How to Rent” Guide, the current Energy Performance Certificate (EPC) and, before the tenancy commences, a Gas Safety Certificate.

This becomes even more important given that non-compliance can hinder the service and use of the Section 21 possession notice procedure. This can result in delays in recovering possession of the property and returning the deposit, putting landlords in an unprotected and weak position.

If you wish to discuss the steps to be taken before entering into any AST, call Laura St-Gallay, who can advise and ensure you enter into a fully compliant AST, or alternatively, if you need advice on how to recover possession of your property, Laura can also assist.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Neuroinclusion in the workplace
    With a varied workforce, businesses in the UK need to provide inclusive policies and practices. One key area that employers must address is neuroinclusion.


    Read more
  • RIAA Barker Gillette (UK) appoints Brinda Granthrai as Partner and Head of Commercial Real Estate
    London, May 2025


    Read more
  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more
Send this to a friend