The purpose of a tenancy deposit protection scheme is that it safeguards your deposit. Therefore at the end of your tenancy you can guarantee you will get your deposit back as long as you are entitled to it. You may not be entitled or only entitled to some if you have damaged the property or are in rent arrears.

Disagreements 

The scheme includes a service to resolve any disagreements about the deposit without the need to attend court. 

Your landlord has the choice of two types of tenancy deposit schemes, but must choose one.

Insurance based scheme 

With this option your landlord keeps hold of the deposit and pays insurance into the scheme.

Custodial scheme 

For the custodial scheme option, your landlord will pay the deposit into the scheme and it is the responsibility of the scheme to look after it.

Before entering into an assured shorthold tenancy, you should ask your landlord which tenancy scheme they will be using to protect your deposit.

Within 30 days of receiving your tenancy deposit your landlord is required by law to provide you with:

• Full details of the protection scheme they are using

• The amount of the deposit

• The address, which the deposit relates to

• Details of how the will be paid back to you at the end of the tenancy

If your landlord does not fulfil their requirements , you can take court action and the judge may order your landlord to put your deposit into a scheme and also has powers to fine your landlord and order compensation.

Most landlords will provide an inventory which lists fixtures and fittings in the property. However it is essential that an agreement is made with the landlord as to the condition of those items and the property at the start, in order to prevent any disputes when you leave at the end of the tenancy.

Providing there is no dispute with your landlord about the amount to be paid back, you should receive it within ten days of handing back the keys.

Custodial scheme 

If your deposit is being held in the custodial scheme both you and your landlord should inform the scheme by completing a specific form. Once the scheme has been notified of the agreed amount, they will pay you within ten days. In the event of a dispute, they will hold on to the deposit until the dispute has been resolved. 

Insurance-based scheme 

Once you have both agreed the amount of the deposit to be returned to you, it will be given to you direct from your landlord within ten days.

Disputes 

If you’re in a dispute with your landlord, then your deposit will be protected in one of the schemes until the issue is resolved. You should receive back any undisputed amount back and the disputed amount will be held by the scheme.

The alternative dispute resolution (ADR) service, is a free service designed to resolve disputes without the parties going to court. If you agree to have your issues resolved with the ADR service, their decision will be final and you will not be able to go to court afterwards if you are unhappy with the decision. They will decide on the amount you will get back and the tenancy deposit scheme will then pay the money to you. 

Court action may be taken if; neither you or your landlord wants to use the ADR service or where your landlord has not done something which is required by law in relation to the tenancy deposit protection.

Court powers 

You cannot receive compensation or make a tenancy deposit scheme if your tenancy ended before 6 April 2012. After this date the court can consider, compensation, fines and where necessary ordering the landlord to put the deposit into a scheme.

There is a special procedure which private landlords often use to evict tenants by giving two months' notice (called a section 21 notice) without having to give reasons. If your landlord tries to evict you and your deposit is not protected, or fulfilled their legal requirements, the procedure is likely to be denied by the court and only likely to be granted if;

• The deposit is returned in full

• An agreed amount is returned to you

• The required information is provided to you

• You make a tenancy deposit claim and the issues are resolved or withdrawn

It is essential to seek further advice from a specialist housing adviser if you have any issues or disputes and before going to court.

How to check

You need a postcode, surname, tenancy start date and deposit amount to search.

Deposit Protection Service (DPS)

0330 303 0030

mydeposits

0333 321 9401

Tenancy Deposit Scheme (TDS)

0300 037 1000 (insurance scheme - landlord holds the deposit)

0300 037 1001 (custodial scheme - scheme holds the deposit)

Call your scheme if you cannot get into your online account.

Your landlord or agent must protect your deposit in a scheme within 30 days of receiving it.

If your landlord or agent changes:

• the old landlord or agent should tell the protection scheme

• the new landlord or agent should make sure the deposit is still protected

Keep track of your deposit if your landlord or agent changes during your tenancy. Your deposit must be protected for your whole tenancy.

The scheme your deposit is in must tell you if they stop protecting your deposit for any reason. The new landlord or agent should give you written information about the protection scheme they are using. 

If the property is sold to a new landlord

Your deposit is usually passed to your new landlord as part of the sale.

Your new landlord has 30 days to:

• protect your deposit

• give you information about which scheme it is in

You can claim compensation from your new landlord if this does not happen.

If the deposit is not passed to the new landlord when the property is sold, the old landlord is still responsible for protecting it. You can claim compensation from your old landlord if they do not continue to protect it.

You can also make a small claim against your new landlord for the return of your deposit. You cannot claim compensation from them if they did not receive the deposit.

When your landlord's estate has been sorted out, the person who inherits the property is your new landlord.

Your new landlord must protect your deposit if they decide to manage the property themselves. You can claim compensation from them if they do not.

They might use an agent and give them responsibility for the deposit. You can claim compensation from the agent if your deposit is not protected.

Find out how to make a tenancy deposit compensation claim.

Ask your new landlord or agent to return your deposit.

The person who is your landlord or agent when your tenancy ends is responsible for returning your money, even if they never got it from your old landlord or agent.

If you cannot find your deposit

• If you have a joint tenancy, try searching using another tenant's surname.

• Check the deposit protection rules to see when your deposit should have been protected.

When your landlord will not return your deposit

You can ask your scheme for help if your landlord will not return your deposit.

You can ask for compensation if your landlord or agent broke the tenancy deposit rules.

You could receive 1 to 3 times the deposit amount if they failed to:

• protect your deposit within 30 days of receiving it

• give you written information within 30 days

• keep your deposit protected throughout the tenancy

Uable to claim Tenancy Deposit compensation

Your landlord should still return your deposit when your tenancy ends.

Get legal advice

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

You cannot usually get legal aid for a deposit claim unless you're claiming as part of a defence if your landlord's trying to evict you for rent arrears. There may be other ways to get free legal advice.

A solicitor might take the case on under a conditional fee agreement - sometimes called 'no win no fee'.

Make sure you understand any fees or costs you'll have to pay before you sign any agreement.

Gather 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

Send a letter before court action

Before you start a court claim for compensation, 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.

Use our letter before court action template

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

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 form N208 and read the guidance on GOV.UK

You'll 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.

Find your local county court on GOV.UK

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.

Find your local county court on GOV.UK

Pay court fees

You have to pay a court fee of £332 to start your claim. You can claim this back from your landlord if you win your case. You will not get it back if you lose.

You can apply for a fee reduction or exemption if you claim certain benefits or have a low income.

Consider any offer to settle

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

Your landlord could decide to

• agree with your claim and pay in full or in part

• make you an offer to settle

If your landlord makes an offer you're happy with, you can withdraw your claim on condition that your landlord pays the amount agreed plus your court fee.

You should supply the court with a 'consent order'. This is a document you both sign to confirm what's agreed.

Some courts charge a fee for a consent order. You can 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.

If you refuse a reasonable offer and proceed with a court hearing, the judge could order you to pay some of your landlord's costs for attending court

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

You'll be given a deadline for providing evidence to the court. This is usually at least 14 days before the hearing.

Make sure you follow all of the court's instructions and time limits they set.

Counterclaims

Your landlord or agent may send the court their defence along with details of any counterclaim. The court should send you a copy of these documents.

Your landlord may counterclaim for unpaid rent, missing items or damage you have caused. This could be more than you paid as a tenancy deposit.

If a counterclaim is made, you may also need to send the court more evidence, such as:

• a copy of your inventory and photographs of the property

• receipts for items you've repaired or replaced

• bank statements to show rent payments

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 provided and make a decision about your claim for compensation.

When you win your case

If you win the case, the court will decide how much your landlord should pay you and set a deadline for payment.

If your landlord does not pay, leaflet EX321 explains what you can do to get your money.

When you lose your case

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