Find out what your landlord or their letting agent must do to comply with tenancy deposit protection rules
Who tenancy deposit protection rules help
Landlords who rent a property to tenants with an assured shorthold tenancy have to follow tenancy deposit protection rules. Most private tenants have this type of tenancy.
If you pay your tenancy deposit to a letting agent, your landlord may ask them to protect it on their behalf. Letting agents have to follow the same rules as landlords.
Your deposit does not have to be protected with a tenancy deposit protection scheme if you:
- are a lodger (you live in the same house as your landlord)
- stay in student halls of residence
- have an assured tenancy or a pre-15 January 1989 regulated tenancy
How landlords must protect your tenancy deposit
Tenancy deposit protection rules say your landlord must both:
- protect your deposit with a tenancy deposit protection scheme
- provide you with information about the scheme used
There are 3 scheme providers:
Your landlord can either pay your money into the provider's custodial tenancy deposit scheme or can pay the scheme to insure your money.
Your landlord has to protect your deposit for the whole time you remain a tenant at the same property.
If your landlord uses a tenancy deposit protection insurance scheme, they'll have to renew the insurance if they renew your tenancy or if you stay on after the end of your tenancy's fixed term.
If your landlord pays your deposit into a tenancy deposit custodial scheme, the deposit continues to be protected so long as it remains there.
What information must be provided
Tenancy deposit protection rules say your landlord must give you this information in writing:
- contact details of the tenancy deposit protection scheme that's protecting your deposit
- how to get your deposit back when you leave
- what deductions can be made from your deposit
- how the scheme can help resolve a dispute about the return of your deposit
- what happens to your deposit if you or your landlord can't be contacted after the tenancy ends
Your landlord must also provide you with their name, address and contact details. If your landlord used a letting agent to set up your tenancy, they can supply you with their contact details.
Your landlord must also give you a copy of a deposit protection certificate. This must be signed by the landlord.
In some cases the tenancy deposit scheme provider will provide you with a repayment ID number. Keep this safe. You'll need it to get your deposit back when you leave.
Time limits for tenancy deposits to be protected
Your landlord will have broken tenancy deposit protection rules if they fail to both protect your deposit in a tenancy deposit protection scheme and provide you with prescribed information within these time-limits.
Deposits paid on or after 6 April 2012
Your landlord has 30 days to protect your deposit after it's paid.
Deposits paid from 6 April 2007 to 5 April 2012
Your landlord had until 6 May 2012 to protect your deposit if you paid it on or after 6 April 2007 but before 6 April 2012.
Deposits paid before 6 April 2007
Your landlord had until 23 June 2015 to protect your deposit if all these apply:
- you paid a tenancy deposit before 6 April 2007
- your tenancy had a fixed term that ended on or after 6 April 2007
- you haven't signed up to a new fixed term agreement since
Your landlord had until 6 May 2012 to protect your tenancy deposit if you paid it before 6 April 2007 and your tenancy was first renewed before 6 April 2012.
Your landlord had 30 days from the date your tenancy was renewed to protect your tenancy deposit if you paid it before 6 April 2007 and your tenancy was first renewed on or after 6 April 2012.
Penalties if your landlord breaks tenancy deposit rules
Your landlord faces penalties if they don't protect your tenancy deposit as required by tenancy deposit protection rules.
Your landlord will have to pay you compensation of between 1 and 3 times the amount of your deposit.
Tenancy deposit breaches can make a section 21 notice invalid.
Your landlord may:
- be unable to get a court order to evict you using the section 21 notice procedure
- have to refund your deposit in full before they can use a section 21 notice
Find out more about section 21 evictions.
Last updated 30 Jun 2016 | © Shelter