Almost a quarter of private renters in England and Wales don't know about the tenancy deposit protection (TDP) scheme and a further one in 10 don't know if their deposit is protected, according to housing charity Shelter. If this is you, check NOW.
In England and Wales, if you have an 'assured shorthold tenancy' (the most common type), your landlord MUST put your deposit into a protection scheme within 30 days of getting it.
This applies to all assured shorthold tenancy agreements that started on or after 6 April 2007. If you're not a lodger or renting from a council, you've probably got an assured shorthold tenancy, but you can double-check with Shelter's tenancy checker.
If a landlord fails to protect your deposit you can go to the small claims court, which can order the landlord to either repay the deposit to you, or pay it into a deposit protection scheme if you're still in your tenancy, within 14 days. It may also order the landlord to pay you a penalty of up to three times the value of your deposit within 14 days. Shelter has a short guide on making such claims, and though it's far from guaranteed, it does happen, as MSE Jenny found:
My landlord didn't protect my deposit and didn't give it back so I went to court and got back £4,850 (including court fees) from a £1,020 deposit. It was easy.
If your deposit is in one of these schemes, it means:
You'll get the full deposit back at the end of the tenancy provided you've met the terms of the tenancy agreement.
If you agree with your landlord how much of the deposit you're due, it'll be returned to you within 10 days of the tenancy ending.
If you DON'T agree with your landlord, a free dispute resolution service will investigate and decide how much of the deposit you should get back.
How to check your deposit is protected
To ensure your deposit's protected from the outset, ask the landlord or letting agent which scheme it's with before you sign the contract. If you've already moved in and the scheme isn't named on your contract, ask the landlord and get it in writing.
In England and Wales, the authorised schemes are the Deposit Protection Service, My Deposits and Tenancy Deposit Scheme. If you haven't been told which your deposit's protected under within 30 days of paying it, contact them directly to check – Shelter has a useful tool to help.
There are different schemes in Scotland and Northern Ireland and the rules vary. For example, in Northern Ireland your landlord has just 14 days to protect your deposit after receiving it.
For Scotland, the schemes are Letting Protection Service Scotland, Safe Deposits Scotland and My Deposits Scotland. See the Scottish Government website for more details.
In Northern Ireland, the schemes are Tenancy Deposit Scheme Northern Ireland, My Deposits Northern Ireland and Letting Protection Service NI. See the NIdirect website for more details.
What to do if your deposit isn't protected If you find your deposit was eligible for the scheme, but your landlord hasn't put it in a deposit protection scheme, you can go to a county court and ask it to intervene. It can order your deposit to be repaid, or paid into an official tenancy deposit protection scheme. Plus it may also order the landlord to pay you up to three times the deposit's value. See Gov.uk, NIdirect or the Scottish Government.