What if your landlord does not protect your deposit
Your landlord or agent must protect your deposit in a scheme if you have an assured shorthold tenancy (AST).
They must:
protect your deposit within 30 days
keep it protected until your tenancy ends
give you written information about the scheme
The 30 days runs from when you give your landlord or agent your deposit. This might be different to the tenancy start date.
Protection from section 21
Your landlord cannot give you a section 21 notice if either:
your deposit is not protected in a scheme
it was protected more than 30 days after your most recent contract started
If your landlord breaks the rules, they must return your deposit before they can give you a section 21 notice.
Getting compensation
You could get compensation from your landlord or agent if they do not protect your deposit or give you written information about the scheme.
You could get:
your deposit back
up to 3 times your deposit amount in compensation
You might need to go to court to get compensation.
You have to send a formal letter before starting court action.
Your landlord might pay you without going to court
Most landlords or agents do not want to go to court if they break the rules.
Your landlord might say they will give your deposit back and pay you compensation if you do not go to court. This is called a settlement.
Make sure they put their settlement offer in writing.
Letter templates to help you
Landlords might discuss and sort out other tenancy problems if you agree not to go to court.
Use our tool to:
Check your tenancy rights
Get a template to help you write to your landlord or agent
Last updated: 13 May 2024
