Tenancy Deposit Scheme Find out more, View our coronavirus (COVID-19) housing advice. You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have. By continuing to browse, you are agreeing to our use of cookies. However, my other flatmates rent through another agency who manage everything. You can claim compensation during your tenancy or after it ends. was protected more than 30 days after the start of your most recent contract These decisions meant that where a deposit had not been protected it was relatively easy for landlords and agents to avoid any of the penalties as included in section 214 of the Housing Act 2004. There is a choice of 3 government-backed schemes to use for deposit protection: Deposit Protection Service (DPS) 88 Old Street, London, EC1V 9HU It's best to wait until your tenancy ends before starting legal action. Get legal advice before applying to court. My Landlord hasn’t protected my deposit(he’s also tried to serve me notice via text message of one month as well). It will take only 2 minutes to fill in. If the court then finds that your landlord hasn’t held your deposit in an appropriate scheme then it can order the person holding it to either repay it to you or pay it into a tenancy deposit scheme within 14 days to ensure you’re protected. Protection from eviction. Cookies Shelter’s site uses cookies. Landlords have an obligation to pay deposits received from tenants into a government deposit protection scheme and if they fail to do so within 30 days, you could be eligible to claim. Our Tenancy Deposit Claims Solicitors are experts at claiming compensation for tenants who have faced issues with their landlord about deposit protection schemes and getting their deposit … If you mean you did not give it back then you would make a claim with the deposit protection company you gave it to. Your landlord can’t use the section 21 eviction process if either your deposit: is unprotected. If your landlord fails to protect your deposit, they cannot use a Section 21 notice to evict you, and you can apply to the county court to award a penalty for non-protection. I've checked with all 3 schemes, and it would appear the landlord hasn't protected the deposit. They registered us as tenants with the DPS about 3 and a half months after our tenancy started, but they never got round to registered and protecting our deposit. All content is available under the Open Government Licence v3.0, except where otherwise stated, Private renting for tenants: tenancy agreements, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, If your landlord doesn't protect your deposit. You don't need a solicitor but it's a good idea to get legal advice if you can. Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected. Skip to navigation Skip to content Skip to footer. If you paid your deposit before 6 April 2012, different deadlines applied for protection. We use this information to make the website work as well as possible and improve government services. Check if your landlord needs to pay your deposit into a tenancy deposit scheme and when it needs to be protected by and find out what to do if it isn’t protected. Check how the new Brexit rules affect you. For example, your landlord or agent might: agree to carry out repairs that have been left outstanding, consider allowing you to leave a fixed term tenancy agreement early, reconsider deductions from your deposit that you feel are unreasonable. I/We have verified with all four schemes that the deposit you hold was NOT protected by any scheme. If your landlord hasn’t protected your deposit, then you can apply to your local county court, but it’s wise to seek legal advice first. They must also give you written information about the deposit before they can give you a section 21 notice. It can be quicker and cheaper to write to your landlord, rather than going to court. General Finance. The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have. Your landlord will have to pay your deposit back to you before they can evict you with a section 21 notice if: your deposit wasn't protected and it should have been; your deposit was protected late; Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. If your landlord or agent hasn’t protected your deposit correctly, it's harder for them to evict you and you can claim compensation. Despite a number of requests to the landlord via a mixture of email, phone calls and texts for the deposit protection scheme used, I have had no response and no further information sent to me. The agency have told me they don't actually manage the property just find tenants, and the rest of the process is up to the landlord. At the end of the tenancy, landlords must return the deposit within 10 days of both landlord and tenant agreeing how much will be returned. We’ll send you a link to a feedback form. Telephone: 0300 037 1000 This is because your landlord may be able to give you a valid section 21 notice once the court has looked at your compensation claim. Our landlord lives outside of the EU (apparently) although the person we thought was our landlord who now 'manages' it lives in London. My landlord has not protected my deposit Have agreed to end the contract, I need to pay 1 weeks rent but she said she would deduct that from my deposit and transfer the outstanding amount I asked if she had protected it after moving in and she said she hasn't but will try to do it Never recieved anh confirmation that she has protected it JA: What steps have you taken so far? If your landlord hasn’t protected your deposit and provided the required information within 30 days, they can be taken to the county court and it can be more difficult for them to end your tenancy. You can ask for between 1 and 3 times the deposit amount. What to do if your landlord hasn’t secured the deposit? If you did not protect the deposit you may be liable for sanctions but you can counter claim for the damages or file them first. There are 3 deposit protection scheme providers. Find out about call charges. If your tenancy hasn't ended, the court will normally order your landlord to protect your deposit in a scheme. County court penalties. The 30 days runs from when you paid your deposit, even if you signed your tenancy in advance and it didn't start until a later date. Your landlord or agent chooses which scheme to use. If you cannot come to an agreement, you can apply to the court for compensation. Telephone: 0330 303 0030. Don’t include personal or financial information like your National Insurance number or credit card details. My tenancy deposit wasn't protected - how to claim. My Landlord didn’t protect my deposit within 30 days If your landlord has not protected your deposit within 30 days, you can take legal action against them, including claiming back up to 3X the original deposit amount as compensation. 4th Feb 2017. thinkmoney. Don’t worry we won’t send you spam or share your email address with anyone. The law states that every Landlord who takes a deposit from a Tenant has to protect that deposit by lodging it with one of 3 tenancy deposit protection schemes. You may be able to negotiate with your landlord if you're considering claiming compensation. If a tenant does not give you a deposit there is no need to protect a deposit that does not exist. Tenancy Deposit Protection Claims: Claiming compensation if a deposit is not protected. © 2021 Shelter, the National Campaign for Homeless People Limited I doubt that my landlord hasn’t protected my deposit, how can I check if my deposit is protected? The court looks at how the landlord or agent has behaved. We use cookies to collect information about how you use GOV.UK. They must give you certain written information about where your deposit is protected. Basically I started renting my current place on 27th February, I paid one months rent and a deposit, signed a contract.
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