Tenancy deposit protection

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1. Overview

Your landlord must put your deposit in a government-approved tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

If you do not rent your home on an assured shorthold tenancy, your landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items will not be protected by a scheme.

They make sure you’ll get your deposit back if you:

  • meet the terms of your tenancy agreement
  • do not 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.

If you’re in Scotland or Northern Ireland

There are separate TDP schemes in Scotland and Northern Ireland. Find out about:

At the end of your tenancy

Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

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

Holding deposits

Your landlord does not have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). 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, such as a rent deposit scheme or your parents.

2. Information landlords must give tenants

Once your landlord has received your deposit, they have 30 days to 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 tenancy deposit protection (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 cannot get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit

3. If your landlord does not protect your deposit

Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected.

Tenancy Deposit Scheme
deposits@tenancydepositscheme.com
Telephone: 0300 037 1000
Find out about call charges.

Deposit Protection Service
Telephone: 0330 303 0030

MyDeposits
Telephone: 0333 321 9401

Contact MyDeposits if your deposit was held by Capita.

Getting your deposit back

You can apply to your local county court if you think your landlord has not used a TDP scheme when they should have.

Get legal advice before applying to court. You do not need a solicitor to do this.

Before going to court

It can be quicker and cheaper to write to your landlord, rather than going to court.

If you cannot come to an agreement, you can apply to the court for compensation.

Apply to a county court

Apply using Form N208: Claim form.

The court fee is £308. You can claim this back from your landlord if you win your case.

You can apply for money off your court fee if you claim certain benefits or have a low income.

What happens next

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

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

At the end of the tenancy

The court may decide that you will not have to leave the property when the tenancy ends if your landlord has not used a TDP scheme when they should have.

4. Disputes and problems

If there’s a dispute over a deposit

Your tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned.

You do not have to use the service but if you do, both you and the landlord have to agree to it. You’ll both be asked to provide evidence, and the decision made about your deposit will be final.

If you cannot contact the landlord

You can ‘raise a dispute’ to get your deposit back if you cannot contact your landlord and your deposit is held by one of the approved TDP schemes:

Contact MyDeposits if your deposit was held by Capita.

The TDP scheme will refund your deposit if the dispute resolution service agrees.

There may be a limit on the time you have to raise a dispute. Contact the TDP scheme as soon as possible.

If your deposit is not held by an approved TDP scheme

You may be able to apply to your local county court to get your deposit back if your deposit was not protected by an approved TDP scheme.

You should write to your landlord and your letting agent (if you have one) before you make a claim. Your landlord or agent may offer to pay your deposit back after they get a letter to avoid legal costs.

5. Get help and advice

You can get more help and advice from: