TENANCY DEPOSITS: TENANT’S RIGHTS AND LANDLORD’S OBLIGATIONS

Protecting tenants’ deposits

On 25 January 2018 it was reported that letting agent, Simon Cawley of Worcester based Severn Sales and Lettings Limited, was convicted of fraud for mishandling tenants’ deposits.  Without passing judgment on that particular case, it is a clear example of the dangers for landlords or their agents if they mishandle tenant monies.

It is important for both landlords and tenants to know that as well as criminal penalties for more serious offences, there are also obligations in civil law regarding the protection of tenancy deposits, that give vital protection for tenants and can create severe financial penalties for landlords.

For the protection of both landlords and tenants, legislation requires landlords to lodge deposits in a government backed tenancy deposit scheme as well as prescribing how and when this must be done.  it is ultimately the landlord’s responsibility to ensure this happens, whether or not they use an agent.

Failure to properly protect deposits can have significant implications for the landlord, including preventing them recovering possession of their property and the landlord being liable to pay up to 3 times the deposit to the tenant.

Contact us

Whether you are landlord or a tenant, our specialist property lawyers can support you in being clear about your obligations and rights and any arising issues.  We offer free initial consultations on any landlord tenant matters.

Please feel free contact Julian Wintle at Bradley Haynes Law if you wish to speak further.

Tel:      01905 900919

Email: julian@bradleyhayneslaw.co.uk.

Julian Wintle – Director & Head of Litigation and Dispute Resolution