Tenancy Deposits

Landlord hasn't paid into a scheme?

If you think your landlord has failed to protect your deposit and has failed to provide you with the prescribed information within the 30 days, you can apply for a court order requiring the deposit to be safeguarded or to get the information about the scheme in which the deposit is safeguarded.

If a court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court may order your landlord to return or protect your deposit and could also order the landlord to pay the tenant a fine of up to three times the deposit amount within 14 days of the making of the order.

The tenant may sue the landlord at any time within 6 years from the date the deposit was taken, so even if your tenancy has come to an end and you have moved out, you are still able to apply for a court order.

To avoid disputes over the return of your deposit:

• Agree with the landlord in writing BEFORE you sign the agreement exactly what the deposit will cover

• Obtain a receipt for the deposit

• Insist that the landlord agrees an inventory with you before you move in. You can check the against the inventory when you move out

• Take photos as evidence of the condition of the property when you move in

• Before asking for your deposit back at the end of the letting ensure that you replace any broken or missing contents, repair any damage and clean up. Your landlord may legitimately spend part of your deposit on professional cleaning services if the property is left dirty and untidy

• Check meter readings when you move in and move out

Have a dispute about a tenancy deposit, or unsure where you deposit is protected? Talk to us!

Contact our Advice Team

Further Information

• For template letters you can send to your landlord if they haven't protected your deposit, see Unipol
• If your deposit isn't protected visit Shelter