A deposit that was protected late, or prescribed information that cannot be produced, can turn into a claim long after the tenancy has ended.
Deposit protection is one of the few areas where a purely administrative slip produces a direct financial claim, and where the paperwork trail matters more than anyone's recollection of what happened.
Two separate obligations
Protecting the deposit and serving the prescribed information are not the same duty. It is entirely possible to have done the first properly and still face a claim because the second cannot be evidenced.
The evidence problem
Claims are often brought long after the tenancy has ended, by which point the question is not what was done but what can be shown. Scheme certificates, the version of the prescribed information served, the date it was served and the method, all of it needs to be retrievable.
The knock-on effect on possession
A deposit issue is rarely just a deposit issue. It can affect whether a possession notice is valid at all, which is why it is worth resolving before a notice is contemplated rather than discovering it in a defence.
What to do about it now
- Audit managed files for scheme certificates and prescribed information, not just for the fact of protection.
- Check that what was served matches what the scheme requires, and that a copy of the served version exists.
- Record the date and method of service alongside the document.
- Where something is missing, take advice before serving any notice on that property.
Where a claim has already been made, the response and any negotiation are worth taking advice on early, the position is often better than it first appears, but the window for improving it is not open indefinitely.
Discuss your property matter
Tell the team what has happened, what you would like to achieve and whether there is an approaching deadline.