YOUR RENTAL DEPOSIT RIGHTS EXPLAINED

The Deposit Protection Scheme includes

• Name and contact details of the deposit protection scheme and dispute resolution service
• Reasons why some or all of your deposit may be withheld
• How to apply to get the deposit back
• What to do if you cannot contact the landlord at the end of the tenancy
• How to raise a dispute

I wouldn’t take verbal promises at face value and neither should you. You can check with the schemes yourself.

England and Wales

depositprotection.com/im-a-tenant/id-like-some-renting-guidance/where-s-my-deposit/

mydeposits.co.uk/tenant

tenancydepositscheme.com/is-my-deposit-protected/

Scotland

lettingprotectionscotland.com 

safedepositsscotland.com 

mydepositsscotland.co.uk 

Northern Ireland

tdsnorthernireland.com 

mydeposits.co.uk/tenant 

What can I do if my landlord has not protected my deposit?

England and Wales

If a landlord fails to protect your deposit, in England and Wales you need to apply to your local County Court and complete a Form N208 claim.

The court fee is £377, but you can claim this back if you win your case. You do not need a solicitor. You may be eligible for help depending on how much you have in savings, which benefits you get and if are on a low income.

Scotland

If your landlord has not protected your deposit in Scotland, you need to make a separate application to get your deposit back to the First-tier Tribunal (Housing and Property Chamber).

Northern Ireland

You can contact the Environmental Health Office in your local council and report your landlord if they don’t protect your deposit within 28 days and give you written information about your tenancy deposit protection within 35 days. 

It is an offence if your landlord does not protect your deposit and adhere to these timelines. Environmental Health can only prosecute and fine a landlord – they do not have powers to enforce and return your deposit.

A landlord in Northern Ireland cannot ask for a deposit that’s more than one month’s rent.

Housing Rights and NI Direct explain more about deposits and fees on their websites.

housingrights.org.uk/housing-advice/private-tenants-rights/deposits-and-fees

nidirect.gov.uk/articles/tenancy-deposit-scheme-information-tenants

You can use the Small Claims Court in Northern Ireland to pursue unprotected rent deposits. Housing Rights has a free mediation service for young people between the ages of 16 and 25 to help with rent deposit disputes to avoid legal fees.

What could you be entitled to?

You could be awarded between one and three times the deposit amount if your landlord failed to protect your deposit within 30 days of receiving it or failed to provide written information within the same timeframe.

In Northern Ireland, the time limits differ. Landlords must protect your deposit within 28 days and provide written information within 35 days.

Evidence is crucial with all disputes. Ensure you have a copy of your tenancy agreement, deposit scheme searches, proof of payment and all correspondence with your landlord including text messages.

If a landlord refuses to cooperate, you can seek free advice from organisations such as Shelter or Citizens Advice who can explain your options. Courts expect tenants to have exhausted all options to resolve the dispute first, but don’t be afraid to take legal action if necessary.

Small Claims Court

If all else fails, you could take your case to the Small Claims Court. Before you file a claim, send screenshots of the draft court papers setting your case out and demanding a refund within seven days. Tell the landlord that if they fail to do so, you will lodge a claim in the Small Claims Court. You will find details of this online.

It is a relatively easy, affordable route to take and is designed for disputes such as this. Court fees are based on the amount of money you want to claim. This may resolve the dispute. If it doesn’t, you can proceed and file the Small Claim papers online.