Tenancy deposit schemes
If you rent a property on an assured shorthold tenancy (unless your tenancy started before 2007), your landlord must protect your deposit using one of the following three approved tenancy deposit schemes:
- MyDeposits
- Tenancy Deposit Scheme
- Deposit Protection Service
- Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it and must provide you with the information and contact details of the agency protecting your deposit, including their contact details.
You should ask your prospective landlord for details of the scheme they are using before signing a new tenancy agreement.
If your landlord then doesn't provide you with evidence they have protected your deposit within 30 days, you have several options:
- Talk to your landlord - sometimes it's a genuine mistake. If you feel happy to do so, politely ask if they’ve protected your deposit and request written proof (e.g., from the scheme).
- Check with he three government-backed schemes (as detailed above) as to whether or not your deposit is protected.
- Write a formal letter to your landlord asking them to protect your deposit immediately, or return it to you in full.
If your landlord does not cooperate with your requests, you can take your landlord to county court.
The court can:
- Order your landlord to repay your deposit.
- Order your landlord to pay between 1 to 3 times the deposit amount as a penalty.
How to take your landlord to court
- Download and print form N208 to start your court claim.
- State that your claim is "under S213-214 of the Housing Act 2004 (non-compliance with the Tenancy Deposit Scheme)."
- Briefly explain your situation and why you're claiming in a witness statement - include key details like:
- When you paid the deposit.
- If/when you asked the landlord to protect it.
- Whether they refused or failed to comply.
- Find out more about witness statements on Justice.gov.uk
- Add any evidence, such as:
- Tenancy agreement.
- Deposit receipt.
- Letters/emails to your landlord.
- You can ask the court to add interest and claim reasonable costs (e.g. travel) within your claim.
- Send the form/evidence to your local county court - find your court’s address.
- You will need to pay a court fee (based on the deposit amount) - find out how much the fee will be.
- You do not need a solicitor to represent you at court - you can do this yourself.
If you need help, we recomend you reach out to the Citizens Advice for support.
Useful links
Housing (Tenancy Deposits) (Prescribed Information) Order 2007