Tenancy Deposit FAQs

Did your tenancy begin on or after 6 April 2007?  

Only tenancies beginning on or after 6 April 2007 have to be protected. If you had an agreement before 6 April 2007, for a tenancy starting after 6 April 2007, your deposit did not have to be protected. If you renewed your tenancy after 6 April 2007, then your deposit will have to be protected.

Did you pay your landlord, or your landlord’s agent, a deposit?

If you didn’t actually pay a deposit, you can’t claim against the landlord for a refund of it! You will not be entitled to claim 3 times the deposit in compensation, either.

Did you pay the deposit more than 30 days ago?

Landlords and agents have 30 days from receipt to protect the deposit.

Did you receive information about the Tenancy Deposit Protection Scheme?

Landlords have 30 days from receiving the deposit to provide the prescribed information about the deposit. Prescribed information must be given to the tenant and to anyone who paid the deposit on the tenant’s behalf, such as a parent, as long as the landlord was aware that the deposit was not the tenant’s own money

Do you /did you, occupy the property as your main or principal home?  

Only deposits in relation to properties let to individuals as their main or principal place of residence have to be protected in a scheme. Student homes will usually count as the student’s main residence, even if they go back to their parents’ home during vacations.

What evidence will I need?

In order to prove your claim you will need supporting evidence, the more evidence the easier to persuade a judge you have a claim.

Does /did your landlord live somewhere else, not at the property?

If the landlord lives at the property, he will not usually have to protect the deposit. The rules are complicated seek advice.

Is/was your landlord someone other than a university, college or housing association?

Universities, colleges and housing associations will not usually have to protect deposits. You may have paid your deposit to your university, but if the university is not also your landlord, your deposit might need to be protected.

Is/was the deposit to be used to pay for any arrears of rent, or damage?

 If the deposit was an advance payment of rent or holding deposit kept during a student vacation, there is no requirement to protect it.  Deposits do have to be protected if they are taken as security for the tenant’s performance of their obligations.

Is/was the annual rent £100,000 or less?  

Tenancies where the annual rent (only rent) is more than £100,000 are not classed as assured shorthold tenancies, and the deposit does not have to be protected.

Can the Landlord deduct any money from my Deposit?

If the Deposit was not protected the Landlord is not entitled to make any deductions and you are entitled to a full refund.

What happens if I signed a new Tenancy Agreement?

If you signed a new Tenancy Agreement for the same property you Deposit remains un-protected, therefore this is a new breach of the Landlords Statutory obligation.

What if I stayed in the property after my initial 6 – 12 months term?

This counts as a new Tenancy and you can claim again.