What Is Tenancy Deposit Protection

What Happens If My Landlord Didn't Protect My Deposit?

Find out more about the law around tenancy deposits in England & Wales and the possibility that your rights as a tenant may have been breached – leading to a considerable tenancy deposit compensation claim.

A guide to Tenancy Deposit Protection

Overview

Tenancy Deposit Protection, also known as TDP was introduced and added to measures to drive up the standards in the private rental market and is set out in the Housing Act 2004. These measures include licensing multiple occupancy homes (HMOs) and new safety rules.

Tenancy Deposit Protection applies to all assured shorthold tenancies (ASTs) in England & Wales, where a deposit is taken. Nearly all contracts to let a property in England & Wales is a Assured Shorthold Tenancy Agreement.

TDP came into effect on 6 April 2007 and would be valid for all new tenancy agreements from this date. There are two main aims of the scheme:

  1. To ensure good practice in deposit handling. In other words, when a tenant pays a deposit to rent a property, at the end of their tenancy, and assuming they are entitled to get it back, they can be assured this will happen fairly.
  2. To avoid or assist with any disputes by having an alternative dispute resolution service (ADR). It will also encourage tenants and landlords to have a clear agreement from the outset on the condition of the property, through best practice, such as through the use of inventories, agreement on the condition, fair wear and tear, etc.

In Summary

  • Landlords are required to join a statutory tenancy deposit scheme, if they take deposit payments from tenants.
  • This will mean all deposits are safeguarded
  • Tenants will get all or part of their deposit back, if they have kept the property in good condition and are entitled to get their deposit back from the landlord.
  • The scheme offers alternative ways of resolving disputes between tenants and landlords, which aims to be faster and cheaper than trying to resolve such matters in court.

How does Tenancy Deposit Protection work?

Landlords can choose between two types of schemes: a single custodial scheme and two insurance-based schemes. More information on the tenancy deposit protection schemes available can be found here.
  1. The tenant pays the deposit to the landlord;
  2. The landlord then pays the deposit into the scheme;
  3. Within 30 days of receiving a deposit, the landlord must give the tenant the prescribed information (to be set out in secondary legislation) about the scheme being used;
  4. At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, they will tell the scheme which returns the deposit, divided in the way agreed by both parties;
  5. If there is a dispute, the scheme will hold the disputed amount until the dispute resolution service or courts decide what is fair;
  6. The interest accrued by deposits in the scheme will be used to pay for the running of the scheme and any surplus will be used to offer interest to the tenant, or landlord if the tenant isn’t entitled to it.
  1. The tenant pays the deposit to the landlord;
  2. The landlord retains the deposit and pays a premium to the insurer – the key difference to the custodial scheme;
  3. Within 30 days of receiving a deposit, the landlord must give the tenant prescribed information (to be set out in secondary legislation) about the scheme being used;
  4. At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, the landlord returns all or some of the deposit;
  5. If there is a dispute, the landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved.
  6. If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it

In each scheme, the deposit must be returned within 10 days of the landlord and tenant agreeing how the deposit should be divided, or within 10 days following notification of an ADR/court decision.

Why Choose Tenant Angels To Handle Your Tenancy Deposit Claim

Tenant Angels was set up to give tenants a voice, to ensure every single tenant, all over England & Wales were aware of their legal rights and should we find that landlords or their agents have not followed legal guidance, we will take action on behalf of tenants.

We Are Tenants

We have been in your shoes and even to this day, we rent just like you. After a bad experience many years ago, we founded Tenant Angels to ensure every tenant had a voice and a guardian angel looking out for your rights!

Honest Advice

We may not be able to help absolutely everyone, as each set of circumstances can be a little different, but we'll always be 100% genuine and upfront with you and like all angels, we'll look out for you the best we can, all FREE of charge & no obligation.

100% Free

We earn an honest living by helping tenants raise disputes and take on their rogue landlords. We are paid for this work directly by the solicitors we work with, meaning that when you work with us, it won't cost you a penny.

Success

We've won over a thousand successful tenancy deposit claims since 2016 and we won't stop until we have supported and advised every single tenant in England & Wales.

Flexible

Unlike most services that operate 9 til 5, Monday to Friday, we will try and assist tenants all over the country, at a time that suits you, which includes evenings and weekends.

Easy To Understand

One of the reasons so many tenants are put off when seeking legal help is because they soon become dazzled by legal jargon. We explain everything in simple terms and plain English.

If you need help or perhaps you would just like a friendly chat, get in touch today or you can get started by checking to see if you have a claim today.

Work Out How Much Your Tenancy Deposit Claim Value Could Be Worth

If your landlord didn’t protect your deposit correctly, they may have broken the law and you could be entitled to make a tenancy deposit compensation claim. This claim can be worth 1 to 3 times the amount of the tenancy deposit paid.

The final amount of a tenancy deposit claim is calculated per breach of the law. Possible breaches include;

  • Failing to protect the deposit within 30 days.
  • Failure to protect the deposit during the entire tenancy, for example, if you renew your tenancy agreement.
  • Failure to notify and inform the tenant with information regarding to which scheme the deposit is placed.

To get started, all you need to do is request a free tenancy deposit claim check and if possible, send us a copy of your tenancy agreement. Our service is 100% confidential right up until you choose whether to proceed with a claim against your landlord.

Below is an example of potential tenancy deposit compensation claims in relation to the amount of deposit paid;
Deposit Paid Potential Claim
£300
£900
£500
£1,500
£700
£2,100
£1,000
£3,000
£1,500
£4,500
£2,000
£6,000
If you would like us to validate your claim and give you advice on how it all works, start your enquiry by clicking the button below
Tenancy Deposit Claims

We've Helped Hundreds of Tenants All Over England & Wales With Tenancy Deposit Claims