What your landlord must do with your deposit, and by when
What your landlord must do with your deposit, and by when When you hand over a deposit at the start of a private tenancy in England or Wales, the law sets out precisely what your landlord must do with it and when.
Understanding those obligations clearly, before questions arise at the end of a tenancy, puts you in a much stronger position throughout.
The 30-day rule
Your landlord must place your deposit into a government-approved tenancy deposit protection scheme within 30 days of receiving it. There are three approved schemes in England and Wales: the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. Your landlord can choose any one of the three, but must use one of them. This requirement applies if your tenancy is an assured tenancy that started after 6 April 2007.
The same 30-day window applies even if your deposit was paid by a third party, such as a parent, a local authority, or a rent deposit scheme. Your landlord must still protect it in a scheme.
A holding deposit, which is money paid before the tenancy agreement is signed to secure a property, does not need to be protected. However, once the tenancy begins and the holding deposit converts into the tenancy deposit, it must be protected within 30 days.
What your landlord must tell you
Within those same 30 days, your landlord is also required to give you specific written information. The gov.uk guidance sets out the full list, which includes confirmation of how much deposit you paid, which scheme it is protected with, the name and contact details of that scheme and its dispute resolution service, the landlord’s or letting agent’s name and contact details, the reasons they might retain some or all of the deposit, and clear instructions on how to apply to get your deposit back at the end of the tenancy.
This written confirmation is known as the prescribed information. Retaining a copy of it is useful, as it tells you which scheme holds your deposit and who to contact if a dispute arises later.
How to check your deposit has been protected
You can verify whether your deposit has been protected at any time by contacting any of the three schemes directly. Each has a search function on its website that allows you to check by property address or by your name. It is worth doing this within the first six weeks of a tenancy if you have not received written confirmation from your landlord.
What happens at the end of the tenancy
When your tenancy ends and both you and your landlord have agreed how much of the deposit is to be returned, the landlord must return the agreed amount within 10 days of that agreement. If there is a dispute about deductions, your deposit remains protected in the scheme until the matter is resolved, and you can use the scheme’s free dispute resolution service rather than having to go to court.
If your landlord has not protected the deposit
If you have reason to believe your deposit has not been protected, or has not been protected within the 30-day window, you can apply to your local county court. If the court finds that the deposit was not protected as required, it can order the landlord to either return the deposit or place it into a scheme within 14 days. The court also has the power to order the landlord to pay you up to three times the deposit amount. Court fees for this type of claim depend on the amount being claimed and currently range from £35 to £455. The current fee schedule is available on the gov.uk court fees calculator, and any fee paid can be reclaimed from the landlord if your case succeeds. Free legal advice is also available from gov.uk before you take this step.
Questions about your tenancy? Talk to our lettings team today
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This article was originally published by BriefYourMarket and is reproduced here with their permission.
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