0 Tenancy deposit protection

 

In England and Wales, if you rent your home on an assured shorthold tenancy that started after 6 April 2007, your landlord must place your deposit in one of the following tenancy deposit protection (TDP) schemes:

There will be 2 new schemes available from 1 April 2013 but you can register for them now:

These government-backed schemes ensure you’ll get your deposit back if you:

  • meet the terms of your tenancy agreement
  • don’t damage the property
  • pay your rent and bills

Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it.

At the end of your tenancy

If you and your landlord agree how much deposit you’ll get back, it must be returned to you within 10 days of the tenancy ending.

If you’re in a dispute with your landlord, then your deposit is protected in the TDP until the issue is sorted.

Holding deposits

Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). However, once you become a tenant, the holding deposit becomes a deposit, which they must protect.

Deposits made by a third party

Your landlord must use a TDP scheme even if your deposit is paid by someone else, like a rent deposit scheme or your parents.

back to top

 

Information landlords must give tenants

Within 30 days of getting your deposit, your landlord must tell you:

  • the address of the rented property
  • how much deposit you’ve paid
  • how the deposit is protected
  • the name and contact details of the TDP scheme and its dispute resolution service
  • their (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why they would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if you can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit.

back to top

 

If your landlord doesn't protect your deposit

If you’re not sure whether your deposit has been protected, ask your landlord or contact the approved schemes:

Deposit Protection Service
0844 4727 000
MyDeposits
0844 980 0290
Tenancy Deposit Scheme
deposits@tds.gb.com
0845 226 7837

Getting your deposit back

If you think your landlord hasn’t used a TDP scheme when they should have, you can apply to a county court.

Get legal advice before applying to court.

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.

Search for a county court.

At the end of the tenancy

If your landlord doesn’t use a TDP scheme when they have to, the court may also decide that you won’t have to leave the property when the tenancy ends.

back to top

 

Disputes and problems

If there’s a dispute over a deposit

If you disagree with your landlord about how much deposit should be returned, then your TDP scheme offers a free dispute resolution service.

If you can’t contact the landlord

If your landlord is registered with the Deposit Protection Service (DPS) you can make a single claim to recover the deposit.

If the scheme can’t get in contact with the landlord, you get your deposit back.

If your landlord is registered with MyDeposits or the Tenancy Deposit Scheme (TDS) you can ‘raise a dispute’ to recover the deposit.

The scheme’s insurer will refund your deposit if the dispute resolution service agrees this is fair.

 

Free Web Hosting