Example: Deposit Non-Protection Penalty Claim
Summary
This example is a formal Letter Before Action demanding return of a tenancy deposit and a penalty for non-protection. The landlord failed to protect the deposit in any government-approved scheme within 30 days, breaching Housing Act 2004, Section 213. The letter demands the full deposit plus 1x the deposit as a penalty under Section 214, gives 14 days to respond, and states that a County Court claim will follow if no resolution is reached. It also notes that the landlord cannot serve a valid Section 21 notice while non-compliant.
The situation
You paid a £1,200 deposit. After 8 months, you checked all three schemes (DPS, TDS, MyDeposits) and your deposit was not registered in any. Your landlord did not provide the prescribed information.
Legal grounds used
Housing Act 2004, Section 213: deposit must be protected within 30 days. Section 214: court can order 1–3x penalty for non-protection. Deregulation Act 2015: Section 21 notice invalid while deposit unprotected. Superstrike Ltd v Rodrigues [2013] — confirms penalty applies even if deposit returned.
How the letter argues the case
The letter states the tenancy details, the deposit amount, the date paid, and evidence that no scheme holds the deposit (screenshots of scheme searches). It demands the deposit returned plus 1x penalty, sets a 14-day deadline, and warns of County Court proceedings. The tone is assertive but legally precise.
Get a letter like this for your situation
This is an example of the kind of appeal letter GetRighted generates. Every letter is tailored to your specific circumstances — your operator, your location, your evidence, and the legal grounds that apply to your case.
Why detailed letters matter
Appeals citing specific legislation and evidence have significantly higher success rates than generic template letters. At POPLA, around 40–50% of appeals succeed overall, but well-evidenced appeals with legal citations win more often. Source: POPLA published statistics.
Sources
- Housing Act 2004, Sections 213–214
- Deregulation Act 2015
- Superstrike Ltd v Rodrigues [2013]
Frequently Asked Questions
- Is this a real appeal letter?
- This is an exemplar — a hand-crafted example showing the quality and structure of GetRighted's appeal letters. Your letter would be tailored to your specific situation.
- Will my letter cite the same legislation?
- Your letter cites whichever legislation applies to your case. If your ticket involves signage issues, it will cite the BPA Code and Beavis. If it involves late notice, it will cite POFA 2012, Schedule 4.
- How long does it take to get my letter?
- After you submit your ticket details and evidence, GetRighted generates your appeal letter within minutes. You can then review, download, and send it.
Related
- housing-act-2004-s-213
- housing-act-2004-s-214
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