Tenancy Deposit Protection
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:
Deposit Protection Service
MyDeposits – including deposits that were held by Capita
Tenancy Deposit Scheme
If you don’t 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 won’t be protected by a scheme.
The tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned. They make sure 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 and provided to you the prescribed information.
Landlords failing to protect deposits
You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have. If the court finds your landlord hasn’t protected your deposit, it can order your landlord to:
repay it to you, pay it into a TDP scheme’s bank account within 14 days and
provide you with compensation three times your deposit amount.
Please feel free to contact us and arrange a free consultation, I can then see if I and the team are able to help.
David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He was also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.
Example of tenancy deposits
Failing to protect deposit
Mrs Yuni paid the landlord a deposit of £1000 upon moving into the property at the start of her tenancy. The deposit was held by the landlord for the duration of the tenancy but never protected the deposit as per the regulations. A despite has arisen and Mrs Yuni has found out that her deposit is not protected. Mr Yuni has issued a claim in the court against her landlord for the deposit plus three times the amount of the deposit for compensation.
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