A4.3 Tenancy Deposit

Tenancy Deposit Protection (202510)

Official link: https://www.gov.uk/tenancy-deposits-protection

Reminder: For any tenancy agreement signed after 6 April 2007, your landlord must protect your deposit in a government-approved tenancy deposit protection (TDP) scheme.

Protection Schemes
In England and Wales, the approved schemes are:

1. Deposit Protection Service (DPS) (Website: http://www.depositprotection.com)

2. MyDeposits (including deposits previously managed by Capita)      (Website: https://www.mydeposits.co.uk)

3. Tenancy Deposit Scheme (TDS) (Website: https://www.tenancydepositscheme.com)

Protecting your deposit in one of these schemes helps ensure you get it back at the end of the tenancy, provided you meet the terms of your tenancy agreement, cause no damage to the property, and pay all your rent and bills.

The Law on Protecting Your Deposit
By law, your landlord must place your deposit into a TDP scheme within 30 days of receiving it. They must also provide you with prescribed information, which includes details about the scheme used and a unique reference number. Without this, you may struggle to get your deposit back.

Reminder: Scotland and Northern Ireland have their own separate tenancy deposit protection schemes.
Reminder: The landlord must use a protection scheme regardless of who paid the deposit.

Information Your Landlord Must Provide
Within 30 days of protecting your deposit, your landlord must give you the following details in writing:

1. The address of the rented property.

2. The amount of deposit you paid.

3. How the deposit is protected.

4. The name and contact details of the TDP scheme and its dispute      resolution service.

5. The name and contact details of the landlord (or the letting      agency).

6. The name and contact details of any third party who paid the      deposit.

7. The circumstances under which the landlord can keep some or all      of the deposit.

8. How to apply to get the deposit back.

9. What to do if you cannot contact the landlord at the end of the      tenancy.

10. How to resolve a dispute about the deposit.

If Your Landlord Has Not Protected Your Deposit

1. Check the Deposit Status First
        If you are unsure whether your deposit has been protected, contact the      three protection schemes to check:

• MyDeposits: Tel 0333 321 9401

• Tenancy Deposit Scheme: Tel 0300 037 1000,       Email: deposits@tenancydepositscheme.com

• Deposit Protection Service: Tel 0330 303 0030

2. Legal Action
        If you confirm your landlord has not protected your deposit as required by      law, you can take them to court.

Steps:

• Pre-Court Action: First, try       to communicate with your landlord via email, letter, or text.

• Seek Legal Advice: It is       advisable to get legal advice before applying to the court.

• Court Application: Use form       N208 to make a claim. The court application fee is £377, which you can       claim back from the landlord if you win. Fee reductions are available for       those on a low income or certain benefits.

Possible Court Orders:

• Order the landlord to repay the deposit to you or protect it       in a scheme within 14 days.

• Order the landlord to pay you compensation of up to 3 times       the deposit amount.

• In extreme cases where the landlord has seriously failed in       their duties, the court might rule that you do not have to leave the       property at the end of the tenancy.

Resolving Disputes and Issues

1. Disagreements Over Deposit Deductions

• Free Dispute Resolution Service: If       you and your landlord disagree about how much deposit should be returned,       you can use the free, impartial Alternative Dispute Resolution (ADR)       service offered by your TDP scheme.

• Process: Both parties must       agree to use the ADR service and submit evidence (e.g., photos, receipts,       communication records). The ADR decision is final and binding.

2. Cannot Contact the Landlord
        If your deposit is protected in a scheme but you cannot contact your      landlord, you can raise a dispute directly with the protection scheme.
        The scheme will review your case and, if they agree with your claim, can      arrange for the deposit to be paid to you.
        Reminder: There may be time limits for raising a dispute, so      contact the scheme promptly.

3. Deposit Not Protected at All
        If the deposit was never protected in any approved scheme, you should      first write to the landlord/agent. They might return it to avoid legal      costs.
        If negotiation fails, you can apply to the county court to claim the      deposit back plus compensation.

Getting Help and Advice
If you need further assistance, you can contact:

• Your local Citizens Advice.

• A professional solicitor or advice agency.

• The housing charity Shelter (in England) or Shelter Cymru (in      Wales).

• Your university's student support services.

Reminder: Once the deposit is placed in a protection scheme, you (or your landlord/agent) should receive confirmation email with your deposit protection certificate and unique reference number. You can use this number to view your deposit details on the scheme's website.

Reminder: When your tenancy is ending, you typically need to give your landlord or agent written notice (usually 2 months). This allows them time to prepare for the checkout, including proposing any deductions. They will then submit the proposed deduction and repayment amount to the protection scheme. The remaining deposit will be returned to you via the scheme. If you disagree with the proposed deductions, you can submit your evidence to the scheme. The landlord will also submit theirs, and the scheme will adjudicate.

Furthermore, whether dealing with an agent, private landlord, or sub-landlord, they often try to deduct £10-£50 for cleaning or minor issues upon moving out. It is crucial to take dated photos or videos of the entire property before you move in and after you have moved out and cleaned. Also, check that all appliances and fixtures are in good working order at the start of the tenancy.