Skip to content
Existing Law

Existing Law

Modern Legal Counsel

Primary Menu Existing Law

Existing Law

  • Legal Aid Society
  • Governm Jobs
  • Law & Legal
  • Law Consult
  • Law Firm
  • Politics
  • About Us
    • Advertise Here
    • Contact Us
    • Privacy Policy
    • Sitemap
  • Home
  • How to stop landlords from evicting you with this legal loophole
  • Legal Aid Society

How to stop landlords from evicting you with this legal loophole

Kerrie W. Nunez June 17, 2022

Table of Contents

Toggle
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles
  • Read More
  • Related Articles

[ad_1]

Renting is a popular choice of living in the modern age. Recent data shows almost one in five, or 19 per cent, of households in the English private sector are rented.

It can be a quick and easy method to live, particularly if you move to new towns and cities. Having a good landlord, someone who is reasonable and fair, makes life even easier.

But sometimes, you may come into difficulties as renters. Landlords may wish to evict you against your will or you may come into disputes over clean-up costs.

READ MORE:‘Silly’ bus gate where 30,000+ drivers fined will be scrapped in Walsall after uproar

We asked a legal professional at the Law Society for advice about renting. Oliva Pulley-Crowther is an expert on housing law. She answers the questions below…

Law Society | Ask a Solicitor – How Do Tenancy Deposits Work?

If you are an assured shorthold tenant (as most private renters are), your landlord does not have to take a tenancy deposit. But, if they do, then they need to protect the deposit in an authorised scheme and serve you with certain “prescribed information” within thirty days.

Landlords and agents who do not may face financial sanctions and be unable to rely on a section 21 notice if they later seek repossession of the property.

How do I get my deposit back?

At the end of the tenancy, you and your landlord need to agree if the deposit will be returned in full, only partly returned or retained in full by the landlord.

If you cannot agree on the amount of deposit that your landlord needs to return, you can use the deposit scheme’s Alternative Dispute Resolution (ADR) service. ADR avoids the need for the parties to go to court over the issue but is voluntary.

To start ADR, you must formally request the return of the deposit from the landlord (if the deposit is in an insurance scheme) or deposit scheme administrator (if the deposit is in a custodial scheme). You will have to provide submissions to support your claim on the deposit and usually have only one chance to make them. There are time limits to make your submissions.

If either you or your landlord do not consent to ADR, then the deposit should be recovered through the courts. While ADR can take more than a month to complete, a court claim will take much longer.

Read More
Related Articles
Read More
Related Articles

My landlord says that I didn’t clean the flat to a professional standard – how do I prove how well I left the property?

Reasonable amounts of wear and tear in your home do not count as damage. Also, a landlord cannot require you to have the property professionally cleaned.

If the landlord believes that your deposit should cover cleaning or anything else, and you disagree, you need to request the return of the amount of the deposit that you believe that you should receive through the landlord or deposit scheme administrator. It is advised that you take photos and complete inventories of the condition of the property when you first take on the tenancy and when you leave the property, as you may need evidence to dispute a landlord’s claim on the deposit.

Read More
Related Articles
Read More
Related Articles

What can I do if my landlord tries to evict me but never protected my deposit?

If your landlord issues you a section 21 notice but has not protected your deposit, then the notice is invalid. Thus, your landlord cannot rely on the notice to evict you.

Also, if your landlord files a possession claim that includes a claim for rent arrears or other damages, you can file a counterclaim for failure to protect your deposit and receive damages for between one and three times the amount of the deposit (which may help to offset any amount of arrears claimed).

Even if your landlord does not file a claim against you, you can file a claim against them if they failed to protect your deposit within the time limit for doing so (although Legal Aid is not available for such claims).

Read More
Related Articles
Read More
Related Articles

Is there somewhere I can find information on my housing rights?

If you receive a possession notice or claim, contact a Law Centre or another Housing Legal Aid provider. If you need any further information about tenancy deposits or other housing rights, check out the websites of Shelter (Home – Shelter England) or Citizens Advice (Citizens Advice).

Oliva Pulley-Crowther is a member of the Law Society of England and Wales’ Housing Law Committee and is Managing Director and Senior Solicitor at Wiltshire Law centre if you are an assured shorthold tenant (as most private renters are), your landlord does not have to take a tenancy deposit. But, if they do, then they need to protect the deposit in an authorised scheme and serve you with certain “prescribed information” within thirty days.

Landlords and agents who do not may face financial sanctions and be unable to rely on a section 21 notice if they later seek repossession of the property.

Read More
Related Articles
Read More
Related Articles

How do I get my deposit back?

At the end of the tenancy, you and your landlord need to agree if the deposit will be returned in full, only partly returned or retained in full by the landlord.

If you cannot agree on the amount of deposit that your landlord needs to return, you can use the deposit scheme’s Alternative Dispute Resolution (ADR) service. ADR avoids the need for the parties to go to court over the issue but is voluntary.

To start ADR, you must formally request the return of the deposit from the landlord (if the deposit is in an insurance scheme) or deposit scheme administrator (if the deposit is in a custodial scheme). You will have to provide submissions to support your claim on the deposit and usually have only one chance to make them. There are time limits to make your submissions.

If either you or your landlord do not consent to ADR, then the deposit should be recovered through the courts. While ADR can take more than a month to complete, a court claim will take much longer.

Read More
Related Articles
Read More
Related Articles

My landlord says that I didn’t clean the flat to a professional standard – how do I prove how well I left the property?

Reasonable amounts of wear and tear in your home do not count as damage. Also, a landlord cannot require you to have the property professionally cleaned.

If the landlord believes that your deposit should cover cleaning or anything else, and you disagree, you need to request the return of the amount of the deposit that you believe that you should receive through the landlord or deposit scheme administrator. It is advised that you take photos and complete inventories of the condition of the property when you first take on the tenancy and when you leave the property, as you may need evidence to dispute a landlord’s claim on the deposit.

Read More
Related Articles
Read More
Related Articles

What can I do if my landlord tries to evict me but never protected my deposit?

If your landlord issues you a section 21 notice but has not protected your deposit, then the notice is invalid. Thus, your landlord cannot rely on the notice to evict you.

Also, if your landlord files a possession claim that includes a claim for rent arrears or other damages, you can file a counterclaim for failure to protect your deposit and receive damages for between one and three times the amount of the deposit (which may help to offset any amount of arrears claimed).

Even if your landlord does not file a claim against you, you can file a claim against them if they failed to protect your deposit within the time limit for doing so (although Legal Aid is not available for such claims).

Read More
Related Articles
Read More
Related Articles

Is there somewhere I can find information on my housing rights?

If you receive a possession notice or claim, contact a Law Centre or another Housing Legal Aid provider. If you need any further information about tenancy deposits or other housing rights, check out the websites of Shelter (Home – Shelter England) or Citizens Advice (Citizens Advice).

Oliva Pulley-Crowther is a member of the Law Society of England and Wales’ Housing Law Committee and is Managing Director and Senior Solicitor at Wiltshire Law Centre.

Read More
Related Articles
Read More
Related Articles



[ad_2]

Source link

Post navigation

Previous: How New Jersey’s environmental justice law is beginning to affect operators around the country
Next: Bannon and DOJ don’t want to talk politics or January 6 specifics at contempt trial

More Stories

Unlocking Justice: Your Guide to Expert Legal Assistance When Life Takes an Unexpected Turn
  • Legal Aid Society

Unlocking Justice: Your Guide to Expert Legal Assistance When Life Takes an Unexpected Turn

Kerrie W. Nunez September 2, 2026
Navigating Justice: How Smart Legal Assistance Can Transform Your Case
  • Legal Aid Society

Navigating Justice: How Smart Legal Assistance Can Transform Your Case

Kerrie W. Nunez August 31, 2026
Empowering Justice: How Legal Aid Services Bridge the Gap for the Underprivileged
  • Legal Aid Society

Empowering Justice: How Legal Aid Services Bridge the Gap for the Underprivileged

Kerrie W. Nunez August 29, 2026
October 2026
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Sep    

Archives

  • September 2026
  • August 2026
  • June 2026
  • May 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • October 2021
  • September 2021
  • August 2021
  • April 2021
  • November 2018
  • October 2018
  • January 2017

Categories

  • Governm Jobs
  • Law & Legal
  • Law Consult
  • Law Firm
  • Legal Aid Society
  • Politics

Recent Posts

  • The Shifting Sands of Power: Unraveling Today’s Political Earthquakes
  • Unlocking Justice: Your Guide to Expert Legal Assistance When Life Takes an Unexpected Turn
  • Empowering Justice: How the Right Legal Representation Can Transform Your Case
  • Navigating Legal Waters: Clever Tips to Protect Your Rights and Stay Ahead
  • Unlocking Legal Wisdom: Your Ultimate Guide to Essential Law Resources

fiver

Fiverr Logo

BL

Tags

In Law Law May Be Defined As Law Merit Badge Law Nail Polish Law Nation Law News Law Nurses Llc Law Ny Law Of Attraction Law Of Demand Law Of Independent Assortment Law Of Sines Law Of Surprise Law Pay Law Pay Login Law Pfp Law Pictures Law Professor Law Professor Jobs Law Professor Salary Law Public Safety Corrections And Security M Law 100 M Law Attorneys M Law Attorneys Apc M Law Firm M Lawn Care M Lawrence N Lawndale Ave N Lawrence Ny N Lawrence Ohio N Lawrence St Philadelphia Pa N Lawson Oh Law Oh Lawd Gif Oh Lawd He Comin Gif O Lawd O Lawrence Hawthorne P Law Firm P Lawler Baseball P Lawler Enterprises P Lawrence P Lawson Artist P Lawson Travel P Lawyer Um Law Course Catalog

PHP 2026

blissifier
vomeropherin

You may have missed

The Shifting Sands of Power: Unraveling Today's Political Earthquakes
  • Politics

The Shifting Sands of Power: Unraveling Today’s Political Earthquakes

Kerrie W. Nunez September 2, 2026
Unlocking Justice: Your Guide to Expert Legal Assistance When Life Takes an Unexpected Turn
  • Legal Aid Society

Unlocking Justice: Your Guide to Expert Legal Assistance When Life Takes an Unexpected Turn

Kerrie W. Nunez September 2, 2026
Empowering Justice: How the Right Legal Representation Can Transform Your Case
  • Law Firm

Empowering Justice: How the Right Legal Representation Can Transform Your Case

Kerrie W. Nunez September 2, 2026
Navigating Legal Waters: Clever Tips to Protect Your Rights and Stay Ahead
  • Law Consult

Navigating Legal Waters: Clever Tips to Protect Your Rights and Stay Ahead

Kerrie W. Nunez September 2, 2026
Unlocking Legal Wisdom: Your Ultimate Guide to Essential Law Resources
  • Law & Legal

Unlocking Legal Wisdom: Your Ultimate Guide to Essential Law Resources

Kerrie W. Nunez September 2, 2026
existinglaw.com | CoverNews by AF themes.

WhatsApp us