Tenancy Deposit Protection Scheme



Tenancy Deposit Scheme Protection
16 September 2013

If you are looking to rent for the first time, or you haven’t moved properties since April 2007, there is something you may not be aware of regarding your tenancy deposit.
All landlords and letting agents require a deposit to secure the property, and when you leave the property you are entitled to it back within 10 days of vacating if you have:

  • Paid all rent and bills
  • Have left the property undamaged and in good condition

Most people understand this as meeting the terms of your arranged tenancy agreement. But as of April 2007, landlords and agents are now required by law to protect the tenancy deposit you pay to them. This means putting it into a government backed scheme, within 30 days or receiving it, to ensure you get it back after the tenancy has ceased. There are only three of these tenancy deposit protection (TDP) schemes that a landlord or agent can choose from: Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme.

Moreover, a landlord by law, now has to provide you with certain information regarding your deposit.

Your landlord must tell you the following details within 30 days of paying your deposit:

  • The address of the rented property
  • How much deposit you’ve paid
  • How the deposit is protected
  • The name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • Their (or the letting agency’s) name and contact details
  • The name and contact details of any third party that’s paid the deposit
  • Why they would keep some or all of the deposit
  • How to apply to get the deposit back
  • What to do if you can’t get hold of the landlord at the end of the tenancy
  • What to do if there’s a dispute over the deposit
  • If the cannot provide you with these details, you can contact the schemes directly to see if your deposit has been protected.

Penalties and compensation

A landlord is liable to protect your deposit, and if they don’t then you have the right to apply to a county court.
If you take a landlord to court over a TDP, there can be various outcomes. They may order the landlord to pay it back to you, or pay you up to three times the amount of the deposit as compensation. The court may also decide that you do not have to leave the property at the end of the tenancy.