Introduction
If you’re renting in England or Wales, it’s crucial to make sure your deposit is protected. However, many tenants wrongly assume their deposit is safe because of things they’ve been told or read. In this blog, we’ll address common misunderstandings and explain how you can be absolutely certain your deposit is protected under the law.
Common Misunderstandings About Deposit Protection
1. My Landlord or Agent Told Me It Was Protected
One of the most common misconceptions is assuming that if your landlord or letting agent says the deposit is protected, it must be true. Unfortunately, just taking someone’s word for it isn’t enough. Your landlord or agent could be mistaken, or they may not have completed the necessary steps. To be sure, you need official confirmation from one of the government-approved deposit schemes.
2. I Rented From a Big Letting Agent
Just because you rented through a well-known or large letting agent doesn’t guarantee that your deposit is protected. Even established agencies can make mistakes or fail to protect deposits on time. Always ask for proof, regardless of who you rented from.
3. I Got the Prescribed Information
Many tenants assume that if they’ve received the prescribed information (a document that outlines where and how your deposit is being protected), their deposit must be safe. However, it’s possible to receive this document even if the deposit hasn’t actually been protected. While it’s an important document, the prescribed information is not proof that your deposit has been safeguarded.
4. It Says in My Tenancy Agreement That the Deposit Will Be Protected
Another common assumption is that if the tenancy agreement states that the deposit will be protected, it means everything is in order. However, the agreement itself doesn’t guarantee protection—it’s the landlord’s responsibility to follow through and register the deposit with a scheme.
How Can I Be Sure My Deposit Is Protected?
The only way to be certain your deposit is protected is to get an official deposit protection certificate. This certificate is provided by the government-approved tenancy deposit protection scheme where your deposit has been registered. Once your landlord has protected your deposit, you should receive a copy of this certificate. It’s the most reliable way to confirm that your deposit is safe.
To check if your deposit is protected, you can also contact the deposit protection scheme directly or speak to Tenant Angels who can find out free for you.
Conclusion
Don’t leave your deposit protection to chance. Just because your landlord or agent told you it’s protected, or it’s mentioned in the tenancy agreement, doesn’t necessarily mean everything is in order. Always ask for a deposit protection certificate and use the official tools provided by the deposit schemes to confirm your deposit is safe. At Tenant Angels, we specialise in deposit protection claims, so if you have any concerns, feel free to reach out for advice.
FAQ
Unfortunately, no. Always ask for proof by requesting a deposit protection certificate.
The prescribed information is a document explaining how and where your deposit is protected, but receiving it doesn’t guarantee your deposit is actually protected.
You can request a copy of the protection certificate from your landlord or use an online search tool provided by the deposit schemes.
If your deposit isn’t protected, you may be entitled to compensation, and your landlord could face legal consequences.
No, regardless of the size of the agency, it’s essential to check for proof of deposit protection.
Would you like to find out whether your tenancy deposit was protected correctly?
We specialise in helping tenants make successful compensation claims when your landlord or letting agent has failed to protect your deposit correctly.
The law is very black and white when it comes to deposit protection and states that your deposit must be protected in one of the three government-backed schemes within 30 days of you paying it and it should remain protected until the day you move out.
Claims can be worth up to 3x your deposit, plus the full return of your deposit on top. For example, if you paid a £1,000 deposit, you may be able to claim £3,000 + your £1,000 deposit back.
Use our FREE online eligibility checker to see if you could be owed compensation.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice or a client-solicitor relationship. All information, content, and materials available on this website are for general information purposes only and should not be used as the basis for taking any specific course of legal action.
