Make a tenancy deposit compensation claim

When your tenancy ends you should usually get your deposit back.

Find out when a landlord could keep your deposit or make deductions.

Follow these steps to claim compensation if your tenancy deposit was not protected correctly.

1. Check you can claim compensation

You can ask for compensation if your landlord or agent breaks deposit protection rules.

The rules only apply if you have an assured shorthold tenancy.

Your landlord or agent must:

• protect your deposit within 30 days of receiving it

• give you written information within 30 days

• keep your deposit protected throughout the tenancy

The court could tell them to pay you 1 to 3 times the deposit amount if they do not do this.

2. Get legal advice

You do not need a solicitor to make a claim. But it's good to get legal advice if you can.

A solicitor might help under a conditional fee agreement - often called 'no win no fee'. Ask about any fees or costs you'll have to pay before you sign the agreement.

You could get free advice at a legal advice clinic. Search for a legal advice clinic on LawWorks.

You cannot get legal aid for a deposit claim unless you're being evicted for rent arrears. You might have a counter claim if your landlord has not protected your deposit.

3. Get evidence to support your case

You'll need evidence such as:

• a copy of your tenancy agreement

• the receipt or confirmation you paid your deposit

• letters to and from your landlord

• records of rent payments

• printouts of your searches on the tenancy deposit protection websites

4. Send a letter before court action

Before you start a court claim, you must send a formal 'letter before action' to your landlord and their letting agent. This letter must set out the detail of your claim.

Your landlord or agent may offer to settle your claim after they receive a letter before action to avoid legal costs.

5. Apply to the court

You do not have to use a solicitor to make an application to the court for a deposit compensation claim.

Complete the form

You need to use a Part 8 claim form (N208) and read the guidance on GOV.UK

You need to fill out 3 copies of the form: one for you, one for the court and one for the landlord.

Download the forms or pick them up from your local county court.

You can claim interest on the amount of your deposit you are owed, starting from the date it should have been returned. You must ask for this on the claim form.

Attach your evidence

Attach copies of all relevant documents to each of the 3 claim forms.

These might include:

• a copy of your tenancy agreement

• evidence that you paid a deposit and when it was paid

• letters and emails to and from your landlord about your deposit

• details of enquiries you made with the tenancy deposit schemes

Send in the forms

Send the forms, defendants notes and evidence to your local county court.

The case may be transferred to a court closer to the landlord or agent.

Pay court fees

You have to pay a court fee to start your claim.

From 8 April 2025 the court fee is £377.

You can get this back from your landlord if you win your case. You will not get it back if you lose.

You can get help with court fees if you get certain benefits or have a low income.

6. Consider any offer to settle

The court will send your landlord a copy of your completed claim form.

Your landlord might:

• agree to pay you everything you ask for

• agree to pay some of what you ask for

• make you an offer to settle the claim

If your landlord makes an offer you're happy with, you can withdraw your claim. Make sure that your landlord also agrees to refund your court fee.

You should:

• put in writing what you and the landlord agree on

• ask the court to approve it

This is called a 'consent order'. Both you and the landlord sign it to confirm what's agreed.

Some courts charge a fee for a consent order. Ask your landlord to cover this fee as part of your agreement.

If you withdraw your case without a consent order you will not get a refund of your court fee and may have to pay your landlord's legal costs.

7. Prepare for court

You'll need to prepare for a court hearing if your landlord:

• does not respond to the court within the time allowed

• disagrees with your claim and decides to challenge it in court

The court will give you a deadline for providing evidence. This is usually at least 14 days before the hearing.

If your landlord has a defence or counterclaim

A defence means your landlord gives their own evidence to show why they have not broken the rules.

A counterclaim is when your landlord says that you owe them money and sends evidence of this to the court.

Your landlord might counterclaim for:

• unpaid rent

• missing items

• damage you have caused

This could be more than you paid as a tenancy deposit.

The court should send you a copy of any defence, counterclaim or evidence that they get from your landlord.

You might need to send the court more evidence, for example:

• a copy of your inventory

• photographs of the property

• receipts for items you've repaired or replaced

• bank statements to show rent payments

8. Go to court

You can represent yourself at the court hearing if you do not have a solicitor. 

Your landlord may be represented by a solicitor.

The judge will ask questions based on the evidence and make a decision.

If you win your compensation claim

The court will:

• tell your landlord how much they have to pay you

• set a deadline for payment

GOV.UK tells you what to do if your landlord does not pay.

If you lose your case

The court may ask you to pay your landlord's legal costs.