Is it possible to claim for an unprotected deposit while I'm still a tenant?

Zorz_2

00ec25 wrote: »

The LL is obliged to protect the deposit, whether the LL himself chooses to check up on what his agent has or has not done is his problem. The LL is the person you are chasing, not his agent
(...)
eg:
- LL refuses return at all, judge gives max award of return + x3 penalty.
- LL offers return of deposit in full, you continue the action because you want the penalty on top, the judge may award return only with no penalty

a) The tenant can chase both the LL and the agent, they are jointly liable (see Draycott v Hannells Letting Ltd).
b) The judge must award a penalty between 1x and 3x the deposit amount. There is a judicial discretion as to the level of the penalty (unlike the old system where it was fixed at 3 times the deposit), but there is a mandatory minimum penalty.

martindow

If you find it is not protected and you are leaving at the end of the fixed term, I would knock it off the final months rent. Not usually recommended but easier than making a claim and then trying to get the money back.