What if your landlord does not protect your deposit
If you pay a tenancy deposit for an assured shorthold tenancy (AST) your landlord or agent must:
protect your deposit within 30 days
keep it protected until the end of your tenancy
give you written information about the deposit protection scheme used within 30 days
The 30 days runs from when they receive your deposit, even if your tenancy starts on a different date.
If there's a change of landlord or agent, tenants or the scheme used, the landlord or agent must:
make sure your deposit is still protected
give you updated written information within 30 days
If you paid your deposit before 6 April 2012 there were different time limits for protection.
Penalties if the rules are broken
You can claim compensation from the landlord or agent if they break the rules.
In some cases your landlord cannot give you a section 21 notice unless they return your deposit or give you new written information about the deposit protection scheme.
Use the rules to negotiate
If your landlord or agent breaks these rules it could help you negotiate about tenancy problems or get your deposit back when you leave.
Use our tool to:
Check your tenancy rights
Get a letter template to help you negotiate with your landlord
If you want to claim compensation
You usually have 6 years to start court action from the date your deposit should have been protected by.
It's best to wait until your tenancy ends before taking legal action.
If you claim while you're still a tenant, your landlord could give you a section 21 notice after the court has ordered them to pay you compensation.
Last updated: 25 June 2023