What the Law Says
Under the Housing Act 2004, all landlords in England and Wales who take a deposit for an assured shorthold tenancy (AST) must:
- Protect the deposit in a government-approved scheme within 30 days
- Provide you with prescribed information about the scheme within 30 days
- Return the deposit (minus any legitimate deductions) within 10 days of agreeing the amount
This applies to deposits of any amount, though deposits are now capped at 5 weeks' rent for most tenancies under the Tenant Fees Act 2019.
Government-Approved Schemes
There are three approved tenancy deposit protection schemes in England and Wales:
Your Rights
Full protection of your deposit
Your money must be held securely in an approved scheme
Prescribed information
Written details of how your deposit is protected and how to get it back
Free dispute resolution
All schemes offer free adjudication if you disagree about deductions
Return within 10 days
Once the return amount is agreed, you should receive it within 10 days
If Your Deposit Isn't Protected
You may be entitled to:
- Compensation of 1-3 times the deposit amount – A court can award this even if you eventually get your deposit back
- Return of the full deposit – Plus the compensation above
- Section 21 protection – Your landlord cannot serve a valid Section 21 eviction notice until the deposit is properly protected
What to Do
Check if your deposit is protected
Contact each of the three schemes with your name and address. They can confirm if a deposit is registered with them.
Write to your landlord
If not protected, write asking them to protect it and provide the prescribed information. Keep a copy of all correspondence.
Consider legal action
You can make a claim through the county court. Consider getting advice from Citizens Advice or Shelter first.
Related Topics
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