Use these links to navigate to the right section
- What does my landlord have to do with my deposit?
- Is my deposit protected?
- What happens when I leave the property?
- What happens if there is a disputed amount for the deposit?
- If my landlord has not protected my deposit or given me proper written notice what happens?
- If the landlord protects the deposit after the 30 days would I still have a claim?
- What if this upsets the landlord and they decide to go for a possession order?
- What if my landlord doesn’t return my deposit?
- If I have already moved out, is there any time limit on taking my ex landlord to court?
- What legislation covers these applications?
- What if I can’t afford a deposit?
- I’ve been asked to pay a holding deposit, what do I do?
- Top tips for keeping your deposit safe.
What is a Tenancy Deposit Protection (TDP) scheme?
If you have an assured shorthold tenancy (the most common form of tenancy) and moved in on or after 6th April 2007, your landlord must protect your deposit by handing it over to a Tenancy deposit protection (TDP) scheme. This is a legal requirement. TDP schemes guarantee that tenants will get their deposits back at the end of the tenancy, if they meet the terms of the tenancy agreement and do not damage the property.
- Within 30 days of receiving your deposit they must register it with one of 3 deposit protection schemes
- Within 30 days they must also provide you with written notification of which scheme they have paid it into. This notification must contain specific information – seek further advice on this.
One of the schemes is what is termed a ‘Custodial’ scheme where the landlord must pay over the money received to the scheme. The other two schemes are insurance based schemes, where the landlord still keeps the cash but has to pay a registration fee to the scheme provider.
- My Deposits 0844 4727 000
- The Deposit Protection Service 0845 226 7837
- Protecting Tenancy Deposits 0844 980 0290
Click on these links or call these numbers to find out if your deposit is protected by any of these schemes.
- If your landlord has used a custodial scheme and the full deposit is due to be returned, the scheme will return the sum to you within 10 days
- If the landlord registered the deposit with one of the insurance based schemes then the landlord will simply give you back the deposit, although they are allowed to keep it for 10 days.
- If the scheme used is an insurance based scheme the whole deposit must be handed over to the scheme by the landlord for them to decide.
- If the landlord fails to hand over the money at this stage then the scheme will give the deposit to the tenant and takes the landlord to court to recover the money.
The Deposit Protection Scheme is the custodial scheme so they will already have the deposit money.
- If they fail to do either of these things then you would be entitled to take them to the local county court.
- If you take the landlord to court for this breach then the courts should make the landlord pay you back the original deposit plus an amount of up to 3 times the deposit itself.
- Yes you would..
- If the landlord has not complied with the rules on deposit protection then they cannot use the special procedure, commonly known as the ‘Section 21 notice’ which allows them to get possession because your fixed term has come to an end.
- Instead they would have to use the more complex procedure and if you do not have rent arrears for instance they are unlikely to get a possession order.
What if my landlord doesn’t return my deposit?
If your landlord fails to pay back your deposit or give you written notice, you would be entitled to take them to the local county court. If you take the landlord to court for this breach then the courts should make the landlord pay you back the original deposit plus an amount of up to 3 times the deposit itself.
- Click here to download a template letter to your landlord telling them your intention to take them to court for not paying back your deposit (often landlords would rather pay back a deposit than be taken to court.)
- Click here to download the factsheet on making a claim to court on the return of your deposit
- You would need to contact the scheme (their details are above) and get them to provide a letter or an email response confirming that they have not got the money
- You need to get a court form known as an ‘N208’. Click here to download a copy.
- You fill in the form and photocopy the written confirmation from the schemes
- You need to write a witness statement briefly setting out the facts of your case
- You take them to the court and pay the registration fee
- The courts will then contact the landlord giving a date for the hearing
- You would not need a solicitor for this
Before you make your claim, you should try to gather as much information as you can including;
- your tenancy agreement
- evidence you paid your rent in full
- evidence showing you paid a tenancy deposit
- confirmation the deposit was against damage and loss (rather than rent in advance)
- copies of any letters to and from your landlord
- evidence that the deposit was not protected in a scheme
- your inventory and photos of the property at the end of the tenancy
- You have 6 years to do this
- Your deposit belongs to you and is only ever in the landlord’s keeping. The law relating to the protection of deposits and the tenants right to recover are vested in section 213 and 214 of the Housing act 2004.
Hackney has a few rent deposit or bond scheme to help people who can’t afford a rent deposit.
Not everyone is eligible to apply. Here are the rent deposit schemes covering Hackney that you might be able to access:
Hackney Council Deposit Bond Scheme Through this scheme the Council will introduce landlords to prospective tenants and provide them with a deposit bond, to be re-paid at the end of the tenancy. This scheme is only open to people who are accepted as priority homeless by the council. Click here to find out whether you may be accepted as priority homeless. If you want to apply, you need to go down to the Hackney council housing office, 1 Hillman Street, Hackney, London E8 1DY.
East London Housing Partnership can pay to put a single person who is homeless or at risk of being homeless through the council-run bond scheme. Call 020 8227 5031 to see if you can access this.
Davish Enterprise Development Centre provide a rent guarantee scheme for people who are street homeless people or have been served with a notice of eviction or are imminently about to be made homeless, especially people with Black and Minority Ethnic backgrounds. Referrals can be made by the council or other voluntary and community organisations. Call 020 8555 8917 to see whether you can access this.
Hope Worldwide can provide a rent deposit for single homeless people over 25. Call 020 7713 7655 to see whether you can access this.
Click here to access the Crisis directory to find a rent deposit scheme.
I’ve been asked to pay a holding deposit, what do I do?
A holding deposit is a payment paid before your tenancy starts to secure the property for you. If your landlord or letting agent asks you to pay a holding deposit you should always get written confirmation. The written confirmation should say the amount you have paid, what you’ve paid this for and include details of the landlord or letting agent you’ve paid it to.
Take photos and notes of any damage/disrepair: If there is any damage or disrepair in your property when you move in, take photos of it. Record the date these photos or notes were taken. This will help you if your landlord tries to take money from your deposit for damage that was already there before you moved in.
Agree an inventory with your landlord: An inventory is a list of furniture and other items in the property when you move in. Agree a list of items in the flat with your landlord and keep a signed and dated copy of this. If anything in the property is broken, make a note of this.
Check your tenancy agreement: Does it contain anything else about the state of the property when you move out? It may say curtains and carpets have to be cleaned. If you sign this, you agree to cleaning these before you move out.
Get your landlord or agent to do an inventory when you move out so any problems with the property can be discussed and agreed then.
Have a question that hasn’t been answered?
Email us at firstname.lastname@example.org. If you live in Hackney we can often come out and speak to you about your problem.