How Can I Claim Money Back From My Landlord?

Renting a home in the UK comes with specific rights and responsibilities for both tenants and landlords. Landlords must comply with a wide range of regulations designed to protect tenants and ensure they are living in safe, well-maintained properties. However, many tenants are unaware of their rights when it comes to seeking compensation or reclaiming money from their landlord. Whether it’s because of unlicensed properties, mishandling of deposits, illegal fees, or failure to address necessary repairs, there are ways tenants can take action and claim money back. This guide will help you understand when and how to claim money back from your landlord.

When Can You Claim Money Back from Your Landlord?

There are several reasons a tenant might be entitled to claim money back from their landlord. Common scenarios include:

Unlicensed Property (Rent Repayment Orders)

If your landlord rents out a property that requires a licence, such as a House in Multiple Occupation (HMO) or a property that needs a selective licence, and they fail to get the required authorisation, you could be entitled to claim money back.

In this case, tenants can apply for a Rent Repayment Order (RRO). An RRO allows tenants to claim back rent paid for up to 12 months if the landlord has been breaking the law by renting out an unlicensed property. You must apply for an RRO through the First-tier Tribunal, and it’s crucial to prove that your landlord was required to have a licence, and didn’t. In such situations, tenants may be eligible to claim rent for the period when the property was unlicensed.

Deposit Mishandling

Landlords must protect your deposit in one of the government-approved deposit protection schemes within 30 days of receiving it. If your landlord fails to protect your deposit or doesn’t provide you with the required information about where your deposit is held, you may be entitled to compensation.

You can claim up to three times the value of your deposit as compensation, in addition to getting your deposit back at the end of the tenancy. This protection applies even if your landlord attempts to keep part of the deposit to cover supposed damages or unpaid rent. In these cases, if the landlord failed to comply with deposit protection regulations, the tenant has a strong case to claim compensation.

Illegal Fees

The Tenant Fees Act 2019 significantly reduced the types of fees that landlords and letting agents can charge tenants. Prior to the Act, many tenants were required to pay admin fees, referencing fees, renewal fees, and various other charges. However, these fees are now illegal under the law, with only certain charges allowed—such as rent, a capped holding deposit, or a capped deposit.

If you have been charged any fees that are prohibited under the Tenant Fees Act, you have the right to ask for a refund of those illegal charges. The landlord or letting agent must return any unlawful fee they’ve taken, and if they refuse, you can escalate the matter and even take legal action.

Failure to Address Disrepair

One of the most common issues tenants face is the landlord’s failure to carry out necessary repairs or address disrepair. According to the law, landlords are responsible for maintaining the structure and safety of the property, including the heating and plumbing systems. If your landlord neglects to make necessary repairs—such as fixing a broken boiler, repairing leaks, or addressing mould problems—they may be in breach of their obligations.

If your landlord refuses to make repairs or fails to address significant issues that affect your health and wellbeing, you may be able to claim compensation for the damages caused. This could include a rent reduction, reimbursement for the cost of damages to your personal property, or compensation for the distress caused by living in unsafe or unsanitary conditions.

If you're unsure who is responsible for making repairs in a rented home, check out our detailed guide to landlord repair responsibilities.

How to Claim Money Back: A Step-by-Step Guide

Once you know that you have a valid claim against your landlord, you’ll need to take steps to claim your money back. Here’s a step-by-step process for claiming money from your landlord.

1. Understand Your Rights and Gather Evidence

Before starting the claims process, it’s essential to gather evidence to support your case. This includes documents like your tenancy agreement, payment records (e.g. bank statements or rent receipts), and any communication between you and your landlord regarding the issue.

If you’re dealing with a property issue (like disrepair or safety concerns), take photos or videos of the problem to support your claim. Evidence such as repair requests, emails, or letters can be incredibly useful when presenting your case to authorities or in court.

2. Check If You Qualify for a Rent Repayment Order

If your landlord is operating an unlicensed property or committing any other offenses that could warrant an RRO, you’ll need to check if you qualify. Rent Repayment Orders allow tenants to claim up to 12 months of rent. You must apply for this order through the First-tier Tribunal, and your local council will usually provide the necessary details to confirm if your landlord was required to have a licence.

If your landlord has failed to get the proper licence, you may be able to apply for the RRO, provided you apply within 12 months of the offence.

3. Contact Your Landlord

Before making any official claims or taking legal action, it’s often a good idea to approach your landlord directly. In many cases, landlords may be willing to resolve issues without the need for a formal claim. Whether it’s returning overpaid rent, refunding illegal fees, or making repairs, the landlord may be more willing to cooperate if you ask politely and professionally.

Make sure to document all communication you have with your landlord, including letters or emails. If you’re seeking a refund, be clear about the amount owed and why you believe you are entitled to it.

4. Make a Formal Claim

If your landlord is unwilling to cooperate, it may be time to escalate the issue. For Rent Repayment Orders, you can apply directly to the First-tier Tribunal, which handles disputes between landlords and tenants. If you are seeking compensation for mishandled deposits or illegal fees, you can take your case to the small claims court. In some cases, the court may award you compensation for the breach of law, and you can also seek to recover legal costs.

For claims related to disrepair, if your landlord hasn’t addressed your concerns, you may need to contact your local council or seek professional legal advice. In extreme cases, tenants may need to take their landlord to court for damages or a rent reduction.

5. Seek Legal Advice and Support

If you're unsure about how to proceed or if your case is complex, seeking legal advice can make all the difference. Many organizations, including Shelter and Citizens Advice, offer free advice to tenants who are dealing with issues like rent repayment claims, deposit disputes, and illegal fees. Additionally, private solicitors can help with more complicated cases, although there may be fees involved.

Tips for a Successful Claim

Claiming money back from your landlord can sometimes feel like a daunting process, but with the right approach, you can increase your chances of success. Whether you’re dealing with issues like illegal fees, an unlicensed property, mishandled deposits, or failure to make necessary repairs, it’s important to know how to approach the situation to strengthen your case. Below are some essential tips to guide you through the claims process.

Document Everything

Keeping thorough records is key to building a strong case. This includes:

• Written Communication: Keep copies of all emails or letters sent to your landlord, especially regarding requests for repairs or refunds.
• Photographs and Videos: For disrepair issues, take clear pictures or videos to support your claims.
• Payment Records: Retain proof of rent or deposit payments, especially when claiming refunds for illegal fees or mishandling of deposits.

Know Your Rights

Understanding your legal rights is crucial before taking any action. In the UK, laws such as the Tenant Fees Act 2019 and the Housing Act 1988 protect tenants. Resources like Shelter, Citizens Advice, and gov.uk can help you navigate the claims process and ensure you’re entitled to compensation.

Be Persistent

Landlords may not always respond quickly. If they don’t cooperate, follow up with formal written requests. If needed, escalate the issue with legal action, such as applying for a Rent Repayment Order or filing a claim in small claims court. Stay persistent, and don’t give up.

Act Quickly

Timely action is crucial. Claims, especially Rent Repayment Orders and deposit issues, often have strict time limits. For example, Rent Repayment Orders must be filed within 12 months of the offence. Act as soon as possible to ensure you don’t miss deadlines.

Conclusion

Tenants have significant legal protections in the UK, and it’s essential to know when you have a right to claim money back from your landlord. Whether due to unlicensed properties, mishandled deposits, illegal fees, or disrepair, you don’t have to settle for unfair treatment. By understanding your rights, gathering the necessary evidence, and following the correct procedures, you can reclaim money you are owed and ensure your landlord fulfils their responsibilities.

Remember, legal support is available, and organizations like Shelter or Citizens Advice can guide you through the process. If you're unsure about how to proceed or need assistance with the application, don’t hesitate to seek advice. Taking action and asserting your rights could make a significant difference, both financially and in terms of your living conditions.