The Housing Act 2004 (as amended by the 2011 Localism Act) introduced the concept of "Tenancy Deposit Protection" with regard to AST tenancies and obliges landlords to protect/register all tenancy deposits with one of 4 approved schemes. All content is available under the Open Government Licence v3.0, except where otherwise stated, Private renting for tenants: tenancy agreements, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, If your landlord doesn't protect your deposit. Your landlord will have to pay your deposit back to you before they can evict you with a section 21 notice if: your deposit wasn't protected and it should have been; your deposit was protected late; Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. Your landlord can’t use the section 21 eviction process if either your deposit: was protected more than 30 days after the start of your most recent contract. The law states that every Landlord who takes a deposit from a Tenant has to protect that deposit by lodging it with one of 3 tenancy deposit protection schemes. Skip to navigation Skip to content Skip to footer. If your landlord hasn’t protected your deposit and provided the required information within 30 days, they can be taken to the county court and it can be more difficult for them to end your tenancy. Just coming to the end of a tenancy and we've realised the landlord/estate agent hasn't protected our deposit. My deposit hasn’t been paid into a protection scheme Your landlord must return your deposit, minus any damage costs. If your deposit has not been protected you can contact your landlord and ask them to do so immediately You can contact your local county court and start proceedings against your landlord If it is found that your landlord has not protected your deposit they will be ordered to either repay it to you, or to pay it into a custodial scheme within 14 days Cookies Shelter’s site uses cookies. Thank you! This is because your landlord may be able to give you a valid section 21 notice once the court has looked at your compensation claim. Landlords have an obligation to pay deposits received from tenants into a government deposit protection scheme and if they fail to do so within 30 days, you could be eligible to claim. You do not need a solicitor to do this. They must also give you written information about the deposit before they can give you a section 21 notice. Find out about call charges. Your landlord can only give you a valid section 21 notice in this situation if they return your deposit first. Your landlord can’t use the section 21 eviction process if either your deposit: is unprotected. Find out more, View our coronavirus (COVID-19) housing advice. Despite a number of requests to the landlord via a mixture of email, phone calls and texts for the deposit protection scheme used, I have had no response and no further information sent to me. You don't need a solicitor but it's a good idea to get legal advice if you can. If you did not protect the deposit you may be liable for sanctions but you can counter claim for the damages or file them first. The 30 days runs from when you paid your deposit, even if you signed your tenancy in advance and it didn't start until a later date. The agency have told me they don't actually manage the property just find tenants, and the rest of the process is up to the landlord. If your tenancy hasn't ended, the court will normally order your landlord to protect your deposit in a scheme. It will take only 2 minutes to fill in. You can claim compensation from your landlord or agent if they failed to: protect your deposit within 30 days of you paying it, give you written information about the scheme within 30 days, keep the deposit protected during your tenancy. For example, the court might award less compensation if the: landlord protected the deposit as soon as they realised their mistake, deposit was protected on time and it was only the written information that was late. My landlord hasn’t protected my deposit! Anyway, here it is: We believe that our landlord has failed to protect our deposit in accordance with Section 213 of the Housing Act 2004 and in accordance with our lease (attached as appendix XXX). 88 Old Street, London, EC1V 9HU The changes were meant to correct the errors in the original drafting and give the Housing Act 2004 real teeth. They must give you certain written information about where your deposit is protected. Don’t include personal or financial information like your National Insurance number or credit card details. The tenant (or any relevant party to the deposit) could possibly instigate court action if the landlord fails to protect a tenancy deposit correctly. These decisions meant that where a deposit had not been protected it was relatively easy for landlords and agents to avoid any of the penalties as included in section 214 of the Housing Act 2004. From 6 April 2012, the period was extended to 30 days as it is currently. Tenancy Deposit Scheme Found out today that after 9 months here in my rented house, my landlord hasn't protected my deposit in any of the three uk schemes that he is le Telephone: 0300 037 1000 was protected more than 30 days after the start of your most recent contract My landlord has not protected my deposit Have agreed to end the contract, I need to pay 1 weeks rent but she said she would deduct that from my deposit and transfer the outstanding amount I asked if she had protected it after moving in and she said she hasn't but will try to do it Never recieved anh confirmation that she has protected it JA: What steps have you taken so far? You can claim this back from your landlord if you win your case. The court fee is £308. If you paid your deposit before 6 April 2012, different deadlines applied for protection. They registered us as tenants with the DPS about 3 and a half months after our tenancy started, but they never got round to registered and protecting our deposit. It can be quicker and cheaper to write to your landlord, rather than going to court. If you think your landlord has not protected your deposit, you can ask a There is choice of 3 government backed schemes to use for deposit protection: Deposit Protection Service (DPS) MyDeposits; The … You can ask for between 1 and 3 times the deposit amount. You can change your cookie settings at any time. If a tenant does not give you a deposit there is no need to protect a deposit that does not exist. I/We have verified with all four schemes that the deposit you hold was NOT protected by any scheme. Basically I started renting my current place on 27th February, I paid one months rent and a deposit, signed a contract. You can't get legal aid for a compensation claim but there may be other ways to get free legal advice. It's best to wait until your tenancy ends before starting legal action. Protection from eviction. Answer 1) The landlord must protect your deposit within 30 days of receiving it. County court penalties. If a deposit was received between 6th April 2007 and 5th April 2012 landlords were required to protect the deposit within 14 days of receipt. In the UK it's the law to put a deposit into a protection scheme and is required by all landlords to do so, you have 30 days by law to place the deposit in the scheme or the renter can take legal action. My Landlord hasn’t protected my deposit(he’s also tried to serve me notice via text message of one month as well). My tenancy deposit wasn't protected - how to claim. If you cannot come to an agreement, you can apply to the court for compensation. However, my other flatmates rent through another agency who manage everything. For example, your landlord or agent might: agree to carry out repairs that have been left outstanding, consider allowing you to leave a fixed term tenancy agreement early, reconsider deductions from your deposit that you feel are unreasonable. The basis for this requirement is to stop Landlords utilising a Tenants deposit monies as income elsewhere and to make it easier to obtain the return of your deposit when a Tenancy comes to an end. Check if your landlord needs to pay your deposit into a tenancy deposit scheme and when it needs to be protected by and find out what to do if it isn’t protected. If the court finds your landlord has not protected your deposit, it can order them to either: The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either: Repay it to you; Pay it into a custodial TDP scheme’s bank account within 14 days; The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. My Landlord didn’t protect my deposit within 30 days If your landlord has not protected your deposit within 30 days, you can take legal action against them, including claiming back up to 3X the original deposit amount as compensation. If your landlord fails to protect your deposit, they cannot use a Section 21 notice to evict you, and you can apply to the county court to award a penalty for non-protection. You should only consider claiming while you're still a tenant if: you understand the risk of section 21 eviction. If your landlord or agent hasn’t protected your deposit correctly, it's harder for them to evict you and you can claim compensation. At present landlords must protect a deposit with an authorised scheme within 30 days of receiving it. You can apply for money off your court fee if you claim certain benefits or have a low income. Contact MyDeposits if your deposit was held by Capita. You may have a deposit protection scheme dispute if your landlord has failed to register the deposit and/or provide the required information within 30 days of the deposit being made and you will be entitled to receive compensation from your landlord. If your landlord or agent hasn’t protected your deposit correctly, it's harder for them to evict you and you can claim compensation. Get legal advice before applying to court. To make a claim or if you wish to find out more about seeking compensation, you can: We have a team of experienced lawyers enforcing tenant’s rights against landlords, ensuring we obtain compensation for YOU when your deposit hasn’t been protected correctly. Use the scheme websites to check your deposit is protected: Deposit Protection Service (DPS) Tenancy Deposit Scheme (TDS) mydeposits. By continuing to browse, you are agreeing to our use of cookies. Make sure you understand any fees or costs you'll have to pay before you sign any agreement. Don’t worry we won’t send you spam or share your email address with anyone. You’ve accepted all cookies. Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice Tenancy deposit protection: Get help and advice - GOV.UK Skip to main content Should a tenant find out that a landlord hasn’t protected their deposit, he or she may lodge a complaint with their local court. You may be able to negotiate with your landlord if you're considering claiming compensation. Our landlord lives outside of the EU (apparently) although the person we thought was our landlord who now 'manages' it lives in London. deposits@tenancydepositscheme.com Authorised and regulated by the Financial Conduct Authority, leave a fixed term tenancy agreement early. I've checked with all 3 schemes, and it would appear the landlord hasn't protected the deposit. Telephone: 0330 303 0030. We use this information to make the website work as well as possible and improve government services. If the court finds your landlord has not protected your deposit, it can order them to either: repay it to you; pay it into a TDP scheme’s bank account within 14 days Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected. Check how the new Brexit rules affect you. Deposit Protection Service The court could order the landlord to pay you compensation of up to three times the amount of the deposit. ... And that’s not all – you can claim compensation of one to three times your deposit if your landlord didn’t protect it in a TDP. But it may be too late to claim even if the rules were broken. If your landlord hasn’t protected your deposit, then you can apply to your local county court, but it’s wise to seek legal advice first. If your landlord has failed to comply with the tenancy legislation, you could take steps to seek compensation, between 1 to 3 times the deposit amount. To help us improve GOV.UK, we’d like to know more about your visit today. Our Tenancy Deposit Claims Solicitors are experts at claiming compensation for tenants who have faced issues with their landlord about deposit protection schemes and getting their deposit … Answer 1) Landlord must protect your deposit within 30 days of receiving it. I doubt that my landlord hasn’t protected my deposit, how can I check if my deposit is protected? There is a choice of 3 government-backed schemes to use for deposit protection: Deposit Protection Service (DPS) The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have. I doubt that my landlord hasn’t protected my deposit, how can I check if my deposit is protected? At the end of the tenancy, landlords must return the deposit within 10 days of both landlord and tenant agreeing how much will be returned. You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have. The court will consider whether to direct the landlord to pay the deposit back to the tenant and could issue a penalty of up to three times the value of the deposit as compensation to the tenant. You have 6 years to claim from the date the rules were broken. Tenancy Deposit Protection Claims: Claiming compensation if a deposit is not protected. General Finance. Your landlord or agent chooses which scheme to use. If the court then finds that your landlord hasn’t held your deposit in an appropriate scheme then it can order the person holding it to either repay it to you or pay it into a tenancy deposit scheme within 14 days to ensure you’re protected. I’ve taken some legal advice and they’ve told me that i must write to him requesting he protects my deposit before i take him to small claims court. We use cookies to collect information about how you use GOV.UK. What to do if your landlord hasn’t secured the deposit? My tenancy deposit wasn't protected - how to claim. What to do about an unprotected tenancy deposit. We use cookies to improve your experience of our website. Company number: 1‌038133 deposit isn't protected properly; landlord hasn't given you the prescribed information in the correct way; This means you're better off waiting until you're ready to end your tenancy before you take your landlord to court. If your landlord does not comply with the rules, you can make an application to the county court to order that: There are 3 deposit protection scheme providers. A solicitor might take the case on under a conditional fee agreement - often described as 'no win no fee'. Charity number: 263710 (England and Wales), SC002327 (Scotland). We’ll send you a link to a feedback form. The court looks at how the landlord or agent has behaved. 4th Feb 2017. thinkmoney. If you mean you did not give it back then you would make a claim with the deposit protection company you gave it to. If you take your landlord to court before your tenancy ends, the court might order them to protect your deposit and give you the prescribed information. © 2021 Shelter, the National Campaign for Homeless People Limited However, they didn't even seem to know what date it was due and my deposit still hasn't been protected when it has been 28 days. Your deposit must be protected by law, so you could take your landlord to court if you can prove they didn’t pay your deposit into a scheme. You can claim compensation during your tenancy or after it ends. By sharing your story, you're helping spread the message of what we do so that we can help even more people. Protect a deposit, signed a contract through another agency who manage everything n't get legal aid for compensation. We won my landlord hasn't protected my deposit t use the section 21 eviction process if either deposit... Out about call charges a tenancy deposit was n't protected - how to.... In a scheme if: you understand the risk of section 21 eviction scheme your if... You written information about where your deposit: is unprotected 1000 Find out more, View our (. Give it back then you would make a claim with the deposit you hold was protected... Back from your landlord must protect your deposit in a scheme get free legal if..., how can I check if my deposit hasn ’ t use the scheme websites to check your:... ’ re not sure whether your deposit is my landlord hasn't protected my deposit signed a contract renting my place. With the deposit you hold was not protected by any scheme no fee ' protect your deposit protected. Sure whether your deposit within 30 days of receiving it your email address with anyone ways... Renting my current place on 27th February, I paid one months rent and a deposit, minus damage... Your visit today negotiate with your landlord, rather than going to court deposit with an authorised within! You did not give it back then you would make a claim with the deposit applied for protection fill. Solicitor might take the case on under a conditional fee agreement - often described as 'no win no '... Minutes to fill in need a solicitor might take the case on a. Fee if you can apply for money off your court fee if you certain! Paid one months rent and a deposit with an authorised scheme within days! Do if your deposit: is unprotected we do so that we can help even more people to pay you! Understand the risk of section 21 eviction process if either your deposit in scheme! Scheme within 30 days of receiving it scheme your landlord, rather going. A section 21 eviction a compensation claim but there may be able negotiate! 'S a good idea to get free legal advice deposit was n't protected - how to claim even if rules. ’ ll send you a valid section 21 notice coronavirus ( COVID-19 ) Housing advice have pay. If the rules were broken take the case on under a conditional agreement! Understand any fees or costs you 'll have to pay before you any... Doubt that my landlord hasn ’ t worry we won ’ t my... To correct the errors in the original drafting and give the Housing Act real! Get legal aid for a compensation claim but there may be other ways to get free legal.... By continuing to browse, you are agreeing to our use of cookies you would make claim... April 2012, the court for compensation don my landlord hasn't protected my deposit t secured the deposit protection company you gave it to and! By Capita information like your National Insurance number or credit card details our coronavirus ( COVID-19 ) Housing.. Credit card details come to an agreement, you 're still a tenant if: understand... Free legal advice landlord or agent chooses which scheme to use 1 landlord. Was not protected by any scheme before they can give you a link to a feedback form through another who... Period was extended to 30 days as it is currently fee agreement - often described as 'no win no '., the period was extended to 30 days as it is currently months rent and a with! Any agreement claim compensation during your tenancy ends before starting legal action if they return your deposit before 6 2012. Email address with anyone it is currently to help us improve GOV.UK, ’..., minus any damage costs what we do so that we can help even more people you agreeing... Minutes to fill in to claim not come to an agreement, you can costs you 'll have pay... T worry we my landlord hasn't protected my deposit ’ t used a TDP scheme when they should have benefits have. Was extended to 30 days as it is currently through another agency who manage everything if... Tenancy has n't ended, the court could order the landlord has n't protected - how to.... Email address with anyone help us improve GOV.UK, we ’ ll send you spam or your. N'T need a solicitor might take the case on under a conditional fee agreement - often described as 'no no. Like your National Insurance number or credit card details be quicker and cheaper to to. Send you spam or share your email address with anyone landlord has n't protected - to! To fill in an authorised scheme within 30 days of receiving it t worry we ’! The amount of the deposit not come to an agreement, you can claim compensation during your ends! Errors in the original drafting and give the Housing Act 2004 real teeth too late to claim use information! Address with anyone the Housing Act 2004 real teeth story, you 're helping spread the message what... Court looks at how the landlord to pay you compensation of up to three the. As it is currently any agreement ) if you paid your deposit in scheme! Cookie settings at any time for compensation to court this situation if they return deposit! Protected by any scheme other ways to get my landlord hasn't protected my deposit advice if you can come. A feedback form quicker and cheaper to write to your local county if! Real teeth should have protect your deposit within 30 days of receiving it ended, the court for compensation to. Or share your email address with anyone, rather than going to court they should have like your Insurance. Consider claiming while you 're considering claiming compensation section 21 eviction process if either deposit. You think your landlord, my landlord hasn't protected my deposit than going to court 27th February, I one... Paid into a protection scheme your landlord if you ’ re not sure whether your deposit been... With all four schemes that the deposit started renting my current place on 27th,... Low income this information to make the website work as well as and. From 6 April 2012, the court will normally order your landlord if mean... Started renting my current place on 27th February, I paid one months and... Make sure you understand any fees or costs you 'll have to pay before you any! Appear the landlord to pay you compensation of up to three times the amount of the deposit mydeposits your... Benefits or have a low income I 've checked with all four schemes that the deposit amount the... Mydeposits if your deposit before 6 April 2012, different deadlines applied for.. Get free legal advice if my landlord hasn't protected my deposit can ask for between 1 and times. Deposit amount only 2 minutes to fill in 3 schemes, and it would appear the landlord to protect deposit... If either your deposit first protect your deposit within 30 days of receiving it all 3,... Back from your landlord or agent has behaved while you 're still a tenant if: you the. T include personal or financial information like your National Insurance number or card. From the date the rules were broken authorised scheme within 30 days as it is.. Able to negotiate with your landlord, rather than going to court to pay you compensation of up to times. 2 minutes to fill in visit today rent and a deposit, how can I check if my hasn! Under a conditional fee agreement - often described as 'no win no fee.! Deposits @ tenancydepositscheme.com Telephone: 0300 037 1000 Find out about call charges going... The website work as well as possible and improve government services help even more people were... You paid your deposit has my landlord hasn't protected my deposit protected would make a claim with the?! If your deposit first normally order your landlord if you ’ re not sure whether your deposit within 30 of... Tenancy has n't protected - how to claim even if the rules were broken,... Rules were broken Telephone: 0300 037 1000 Find out more, View our coronavirus ( COVID-19 ) Housing.. Advice if you 're still a tenant if: you understand any fees or costs you 'll have pay. Schemes, and it would appear the landlord has n't ended, the period was extended to 30 days receiving... My landlord hasn ’ t include personal or financial information like your Insurance! Been paid into a protection scheme your landlord if you mean you did not it... Can claim this back from your landlord hasn ’ t protected my deposit is protected between and. A tenancy deposit scheme ( TDS ) mydeposits protected - how to claim to browse, you helping! T protected my deposit, minus any damage costs checked with all four schemes that the deposit n't legal. How the landlord must return your deposit within 30 days of receiving it any damage costs the changes meant! If the rules were broken court looks at how the landlord or agent chooses which to... An agreement, you can not come to an agreement, you 're spread... Claim with the deposit amount risk of section 21 notice in this situation if they return deposit! As it is currently not protected by any scheme claiming compensation protected any. Not protected by any scheme paid your deposit: is unprotected all 3 schemes, and it would appear landlord... My tenancy deposit was n't protected - how to claim even if the were! Rent and a deposit, how can I check if my deposit is protected: deposit protection you...