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Do I have rights to make claim against unprotected deposit.

Good day.

As recently I had to touch some paperwork regarding my deposit as landlord moved to new agency and they use other deposit scheme I had to request deposit transfer ( for some reason ME ) I came across that my deposit was not protected whole time, in fact if I look in my deposits website it says that first time deposit was paid in on 19/07/23 but my tenancy started on 07/09/15 I did contact mydeposits agent and all they could they say that they found one more date for this tenancy ID but it was 08/08/17 but this date doesn't reflect on my deposit account anyway. When I asked if there is any more gaps they said that this is all they can tell me.

But there is something strange, if I check online claim for unprotected deposits, they can only deal with deposits paid in within 6 years, so basically I have no rights anymore . Is that correct ?
I don't know what to do at this point.

Any ideas ?

Comments

  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    the statute of limitations for contractual disputes in 6 years

    when did you first pay a deposit and can you prove that
  • the statute of limitations for contractual disputes in 6 years

    when did you first pay a deposit and can you prove that
    07/09/2015 I paid it in as part with my first rent payment , I am still on same property. 

    So basically after 6 years I am loosing my legal rights on deposit and everything related to it?
  • RHemmings
    RHemmings Posts: 4,664 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 17 July 2024 at 4:57PM
    the statute of limitations for contractual disputes in 6 years

    when did you first pay a deposit and can you prove that
    07/09/2015 I paid it in as part with my first rent payment , I am still on same property. 

    So basically after 6 years I am loosing my legal rights on deposit and everything related to it?
    As I see it (I am not a lawyer and this is not legal advice), you have lost your right to claim for 1-3 times the deposit because it wasn't protected. 

    Please note that there are situations where the deposit has to be protected again. E.g. a new tenancy starting, your tenancy changing to a new landlord, etc. This is just an approximate description - please find full and precise details of the legal situation if this might apply to you. E.g. https://www.tenancydepositscheme.com/deposit-re-protected-tenancy-periodic/

    However, as far as I am aware, that doesn't remove your rights to the deposit. But, if your landlord makes deductions and you don't agree wtih them (including not returning the deposit at all) then you may have to sue the landlord in court in the old-fashioned way. 
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