If your deposit is protected by a scheme.

Within 30 days of receiving your deposit, your landlord must put your deposit in a government-approved tenancy deposit scheme (“TPD”) if you rent your home on an assured shorthold tenancy that started after 6 April 2007.

The three available TPD’s are:

1. Tenancy Deposit Scheme
2. Deposit Protection Service
3. My Deposits

Your landlord should have informed you in writing which scheme your deposit is protected by.

If you and the landlord mutually agree the amount of the deposit to be returned to you, the deposit must be returned to you within 10 days.

If you disagree with the landlord about how much you expect to receive you will need to follow the specific TPD dispute procedure.

Whilst any dispute is ongoing your deposit will remain protected in the TDP scheme until the matter is resolved.

Your landlord didn’t put your deposit in a scheme and isn’t returning your deposit, what can you do?

The easiest and simplest solution is to try and resolve the matter with your landlord directly. If you are unable to contact your landlord or they are refusing to return your deposit you can apply to your nearest county court for compensation.

How to apply to the court?

Complete the claim form N208 and send this to your nearest county court. Along with the court fee of £308.

A copy of the claim form can be downloaded from the gov.uk website.

What will the court do?

The court can either:

• Repay the deposit to you; or
• Order your landlord to put the deposit in a TDP within 14 days.

If successful, the court has discretion to order the landlord to pay up to three times your deposit and the court fee within 14 days of the order being made.

Written by Megan Wood – Trainee Solicitor – Litigation

If you have any questions relating to the above article please do not hesitate to contact us, our team of expert solicitors are on hand to help.