Tenancy deposit protection rules

Your landlord or agent must protect your deposit if you have an assured shorthold tenancy (AST). Most private renters have this type of tenancy.

Protecting your deposit means registering it with a special tenancy deposit protection scheme.

The scheme could help when your tenancy ends if the landlord wants to keep your deposit.

Deposit protection time limits

From the day when your landlord or agent receives your deposit, they have 30 days to:

• protect it with a deposit protection scheme

• give you certain written information about the scheme

If your landlord charges a refundable 'pet deposit', this is still a tenancy deposit and must be protected with a scheme.

The deposit must stay protected for your whole tenancy. Find out what should happen if your landlord or agent changes during the tenancy.

Deposits paid before 6 April 2012

There were different time limits to protect deposits if your tenancy started before this date.

Your landlord does not have to protect your deposit if you paid it before 6 April 2007 and you never had a fixed term tenancy or the fixed term ended before that date.

But they must protect or return your deposit if they want to give you a section 21 notice.

Information your landlord must give you

Your landlord or agent must give you their own contact details and details of the deposit protection scheme they are using.

They must also give you a leaflet from the deposit protection scheme and information about: 

• the deposit amount and address of your tenancy

• returning your deposit and when they can keep money from your deposit

• how to use the scheme's dispute resolution service if you cannot agree  

• what happens if you get no response from your landlord when the tenancy ends

Your landlord or agent must sign a certificate which says the information is correct.

When your fixed term ends

Your landlord or agent must give you updated written information within 30 days if you stay after the fixed term ends and any details change, for example:

• there is a new joint tenant

• your deposit is protected in a different scheme

Your landlord must give you the updated information even if you stay and do not sign a new fixed term.

What if your landlord breaks deposit rules

You might have:

• protection from section 21 eviction

• a claim for compensation

• a counterclaim if you're being evicted for rent arrears

Sometimes it can help you to negotiate about other problems with the tenancy. For example, rent arrears or leaving a fixed term tenancy early. Find letter templates to help you.

Section 21 eviction 

Your landlord cannot give you a section 21 notice if:

• your deposit is not protected with a scheme

• it was protected more than 30 days after your most recent contract started

• you did not get written information from your landlord about the scheme

Your landlord must return your deposit or give you the written information before they can give you a valid section 21 notice.

Claiming compensation 

You can look at a compensation claim against a landlord or agent who did not protect your deposit or protected it late.

Check the time limits that were in place when you paid the deposit to see if you can claim.

You cannot get free legal help with a tenancy deposit compensation claim. But some solicitors offer help under a conditional fee arrangement, often called 'no win no fee'.

You have 6 years to make a claim so it's usually best to wait until after your tenancy ends.

Counterclaim for rent arrears eviction

Your landlord could give you a section 8 notice if you have rent arrears.

They can do this even if they have not protected your deposit.

Get free legal advice if you get a section 8 notice.

You could have a counterclaim for compensation if your landlord did not follow the deposit protection rules.

The compensation could reduce what you owe in rent.

If you owe less than 2 months' rent, the court could stop a section 8 eviction.