It is a legal requirement in England and Wales for a landlord to protect your tenancy deposit by placing it in one of three available protection schemes.
Although your landlord or agent chooses which scheme to use, they must provide, in writing, the name and contact details of the tenancy deposit protection scheme and its dispute resolution service. If you wish to search and find out if your deposit has been protected, you need a postcode, surname, tenancy start date and deposit amount associated with the tenancy.
Your landlord or agent has 30 days from when you pay your deposit to complete the following tasks:
- Protect your deposit with an authorised scheme
- Give you certain written information about the scheme
- Ensure the deposit remains protected throughout the tenancy
What happens if your deposit is not protected?
If your landlord has not protected your deposit you can apply to the Court for an Order for the landlord to repay the cost of your original deposit, together with a sum of up to 3 times the value of your deposit as compensation.
For example: Mr A rents a property from Mr B for a 6 month period. Mr A pays an £800 deposit. Mr B fails to pay the deposit into a recognised scheme within 30 days. Mr A takes Mr B to court for failure to pay a tenancy deposit into a scheme. Mr A recovers £800 + £2,400 compensation.
If you believe that your landlord has not protected your tenancy deposit contact KLS Law immediately on 01925 428 198 or send us an enquiry through our website.
Not sure if you should contact us? If you answer ‘yes’ to the below questions, then you may be entitled to claim.
- In the past 6 years have you paid a tenancy deposit OR renewed a tenancy agreement in that time where you had paid a deposit at the original start date?
- Did your landlord fail to put your tenancy deposit in one of the 3 approved schemes?
- Did you get official confirmation details directly from the scheme?
- Do you suspect that your tenancy deposit was protected later than 30 days after you paid it?