My Deposit Wasn't Protected - What Can I Do?
If your landlord failed to protect your deposit, you could claim 1-3x compensation. Step-by-step guide.
If your landlord hasn't protected your deposit in a government-approved scheme within 30 days of receiving it, they have broken the law. You could be entitled to compensation of between 1 and 3 times your deposit amount.
The Three Approved Schemes
- Deposit Protection Service (DPS) - custodial, free to use
- MyDeposits - insurance-based scheme
- Tenancy Deposit Scheme (TDS) - insurance-based scheme
How to Check if Your Deposit is Protected
You can search each scheme's website using your name, address, and tenancy start date. Your landlord should have given you a certificate with details of which scheme holds your deposit.
- Visit depositprotection.com (DPS)
- Visit mydeposits.co.uk
- Visit tenancydepositscheme.com (TDS)
What to Do If It's Not Protected
First, write to your landlord asking them to protect the deposit and provide the prescribed information. Give them 14 days to respond. Keep a copy of your letter.
Your landlord cannot use a Section 21 notice to evict you if they haven't protected your deposit or given you the prescribed information.
Making a Court Claim
If your landlord doesn't comply, you can make a claim in the county court. You don't need a solicitor for this. The court can order your landlord to repay the deposit and pay you compensation of 1-3 times the deposit amount.
Citizens Advice can help you with the court paperwork. You may also be able to get help from a housing solicitor under legal aid.
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