Tenancy Deposit claims

At Mounteney Solicitors, we act for landlords who are facing tenancy deposit claims brought by current or former tenants. We advise on the merits of the claim, represent landlords in correspondence and court proceedings, and work to resolve the matter in a way that protects the landlord’s position.

Under Chapter 4 of the Housing Act 2004, landlords are required to protect tenancy deposits in an authorised scheme and give tenants prescribed information within set time limits. Even landlords who act in good faith can fall foul of the rules due to technical oversights or a lack of proper advice.

Tenants can bring claims for up to three times the value of the deposit if the rules are breached. This penalty system has given rise to a growing number of claims, often brought with the support of “claims farmers” who profit from the legal costs available when claims are successful. Many of these claims are speculative or based on misunderstandings of the law, but they can still place landlords under significant pressure to settle.

We will assess your situation, explain your legal position, and if instructed, act on your behalf to defend the claim. This typically involves going on record at court for the landlord and dealing with the claim through to resolution.

We do not act for tenants bringing claims. Our focus is solely on supporting landlords through what can be a stressful and unfamiliar process, using our understanding of how the courts now interpret the tenancy deposit rules to help you achieve a fair outcome.