Landlords!
Have you failed to protect your tenant's deposit?
The Problem
Landlords need to protect tenants' deposits within 30 days of receipt of the money and serve prescribed information, also within the 30 days period.
If you fail to do this – any section 21 notice you serve will be invalid. Plus the tenant can go to court and claim a penalty award. The Judge cannot refuse to award this and the penalty will be between 1 and 3x the deposit sum. Ouch!
So, what can you do if you find YOU have forgotten to protect YOUR tenant’s deposit?
Developing a solution
I'm Tessa Shepperson, a specialist landlord & tenant lawyer. For many years I ran my own solicitors firm and now I provide training and information services to landlords and letting agents.
Some years ago it became apparent that many landlords for one reason or another, were unaware of the tenancy deposit rules and their obligation to protect their tenants deposit in a scheme.
Frequently, they only found this out when they were looking to evict their tenant!
Sometimes they only found out after they had actually issued section 21 based court proceedings – which meant that their case would be dismissed by the Judge, for non compliance with the rules.
The landlord would then face long delays while the situation was rectified, a new section 21 notice served (which means giving notice of at least two months to the tenant) and fresh eviction proceedings started – which means serious delays in recovery of possession. Not good if your tenant is failing to pay rent.
I have known landlords in this situation lose many thousands of pounds. You may even have to pay your tenants legal costs!
In order to help landlords in this position I have developed this ‘Deposit Error Repair Kit’ (a silly name I know but it seems to work), which contains all the information a landlord needs to rectify the situation and allow him (or her) to evict their tenant under section 21.
It is a fairly comprehensive and if you follow it carefully you should experience no further problems – as regards issues relating to deposit protection and the section 21 rules anyway!
About the kit in a nutshell:
- Step by step guidance
- A clear explanation of the law
- Case studies
- Checklists and forms
- Online only – mobile friendly website
- Written by specialist landlord and tenant lawyer Tessa Shepperson
If things go wrong with eviction proceedings and you need to use solicitors - their fees will cost you far more than this kit!
See what some of our customers have said about it:
“Clear, practical guidance on what to do if you have not protected deposits correctly – and on how to comply fully with the regulations and save yourself trouble next time.”
Liz N, landlord
“Plain English informative course, helping us to keep our landlords up to date with changing regulations”
Sue Eden, Newgate Property Services
“I found the kit easy to use and very helpful. I found the examples Tessa used to illustrate the points of law particularly helpful. I now feel like I am informed and have confidence to proceed”
Kirsty, landlord
Find out more about the kit:
Preliminary
Find out the different occupation types and whether you need to protect your deposit at all.
Introduction to Section 21
If you are not sure about section 21 and how it works - this general introduction section will help you understand the basics
What is the law? Part 1
After reading this section you will understand the tenancy deposit regulations and how they work. Includes case studies.
What is the law? Part 2
In this section you will learn how and why the failure to protect will cause problems if you need to evict your tenant - even if you don't use section 21.
Bonus section - case law
Cases brought by landlords and tenants have helped our understanding of the law and how it works. This section has a selection of the most important cases.
Practical Issues. Part 1 : Refunding the deposit money
Probably the most important section. Learn exactly what you need to do, with draft letters and detailed guidance to help you.
Practical Issues. Part 2 : Serving the prescribed information
Learn all about the prescribed information, why it is so important, and exactly what information needs to be provided to comply with the regulations
Practical Issues. Part 3: How to prove compliance
There is not a lot of point doing something (in law) unless you can prove it. Find out how to prove to the Judge you have compiled with the law.
Bonus Section. Part 1: The Penalty
Even if you don't need to use section 21, failure to protect the deposit entitles your tenant to claim for the penalty. Learn about this & what to do if this happens to you.
Bonus Section. Part 2 : Other section 21 issues
Here you will learn about the changes to section 21 which have come into force under recent legislation.
In short, the kit:
Gives you a plan to follow
Helps you, via the forms and checklists, so you don’t forget anything
Explains the law so you understand what you need to do, and
Tells you what you can and cannot do
Mobile Friendly website
All our content is hosted on a mobile responsive website, which allows you to read and study the kits easily, and watch videos on most devices, including smart-phones and tablets.
The only parts of the kits which are perhaps best dealt with on a laptop or desktop computer are the forms. However, the kit can easily be accessed, for example on your smart-phone, while travelling or waiting in a queue.
Be aware that the kit is wholly electronic. Nothing is sent out by post.
Our guarantee to you
If you find the kit is unsuitable for you in any way – all you need to do is email us requesting a cancellation not later than 30 days after purchase, giving your reason why.
We will then cancel your purchase (and your access) and refund your money within 14 days.
Your questions answered:
Q: Tessa, Can you tell me a bit more about your credentials?
A: I qualified as a solicitor in 1990 and ran my own specialist landlord & tenant law firm, TJ Shepperson, for nearly 20 years. I closed this in 2013 to concentrate on Landlord Law and my training services. I am well respected in the industry.
Q: What if I can’t access the kit or if it does not work on my computer?
A: It should do, this is a standard WordPress website. However, if you have a problem check out our support section, and/or contact us. If the problems cannot be resolved, you can claim your money back under our guarantee.
Q: I am based in Wales, can I use the kit?
A: Yes the kit will be suitable for you. We point out when the rules are different in England and Wales.
Q: I am based in Scotland, can I use the kit?
A: No. The kit is written for rented properties in England or Wales UK only. Scotland has a different legal system, as does Northern Ireland.
Q: How long do I get access?
A: You get ‘lifetime’ access – this means that you will be able to use the kit as long as this kit is up and running on this website. Although we only guarantee a 12 months access – so if the site gets taken down for any reason during the first 12 months after purchase, you can claim a refund of a proportionate part your purchase price.
Q: I am a Landlord Law member – do I need the kit?
A: Landlord Law members will have access to a ‘step by step guide’ which covers some of the same material but in less detail. But if you have this problem, you may prefer to use this guide.
Q: Can I ask you questions about my particular issues?
A: The kit does not include any ‘one to one’ advice element. However, if you are a Landlord Law member you will be able to ask questions via our members’ forum.
Q: I prefer not to pay online – can I pay by BACS or cheque?
A: No. We only accept payment via our online system. However, you can elect to pay by either credit / debit card or pay pal.
Q: Can you guarantee that I will get my Court order if I get your kit?
A: I can’t absolutely guarantee this as litigation is inherently risky, and failure to protect the deposit is only one of the things that can go wrong.
However so far as the failure to protect the deposit issue is concerned, if that is the only issue, I am confident that if you follow the kit instructions, the Judge will grant your possession order. But if for some reason he (or she) does not – get in touch and I will refund your payment..
How to buy the kit:
- Click the buy now button below
- This will take you to the purchase page
- You can pay either by PayPal or by credit / debt card (the page just says credit card but you can use your debit card too)
- Once the payment goes through you will be granted immediate access to the kit. You should also receive several emails – one will be a receipt for your payment, another will provide a link to access your kit later
The Deposit Error Repair Kit
- Background information on the law
- Practical guidance on the things you need to do, and
- How to prove compliance at Court
- Forms
- Checklists
- Bonus sections on dealing with tenants claims for the penalty, and
- Information on case law and on section 21 claims
“Clear and concise. Better forwarned then the potential nightmare afterwards”
Marion Waldorf, Landlord
