If your landlord has not protected your deposit or protected it later than the law requires (30 days) you can make a claim under s. 214 Housing Act 2004.
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 Tenancy Deposit Protection 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.
Claims can be made if the deposit has not been protected or if the Landlord or Letting Agent has failed to provide the required information to allow a tenant to check that the deposit has in fact been protected.
Below I set out some information on what Landlords should be doing. If you suspect your deposit has not been protected or you have not been given the information to check this contact Nick on 01925 759 510 or fill in the contact form on this page.
If your deposit is protected by Capita you can check here.
Other deposit protection services are the Deposit Protection Scheme
Information landlords must give tenants
For all assured shorthold tenancies* in England and Wales that started after 6th April 2007 your Landlord must put your deposit into a Government backed tenancy deposit protection scheme.
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 can’t get hold of the landlord at the end of the tenancy
- what to do if there’s a dispute over the deposit
*Is my tenancy an Assured Shorthold Tenancy?
- did it start after 28th February 1997
- it can be a fixed period (eg 6 months) or a rolling period weekly or monthly
- the annual rent must be less than £100,000 but more than £250 (£1,000 in London)
- you should not be living with the landlord
Shelter has a useful tool to check if you have an assured shorthold tenancy here
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.
You should get back the full deposit provided you:
- meet the terms of your tenancy agreement
- don’t damage the property
- pay your rent and bills
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.
Your landlord doesn’t have to protect a holding deposit until the tenancy 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.
Written statement of terms
If your landlord doesn’t give you a contract you can ask for a written statement of the basic terms of your agreement.
Your landlord must provide the following information in writing if you request it:
- start date of tenancy
- rent payable and rent due date
- any rent review clause
- the length of any fixed term agreement
You also have the right to the name and address of your landlord.