Tenancy Deposits


David T. Wade & Co can help with landlord and tenant dispute of most kind, including where a landlord has failed to protect a tenants deposit.


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Tenancy Deposit Protection


A landlord must put a tenants deposit into a government-approved tenancy deposit scheme (TDP) if a tenant rent a property on an assured shorthold tenancy that started after 6 April 2007. In England and Wales a tenants deposit can be registered with:

Deposit Protection Service

MyDeposits – including deposits that were held by Capita

Tenancy Deposit Scheme

If the property not on an ‘assured shorthold tenancy’, a landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items won’t be protected by a scheme.

The tenancy deposit protection (TDP) scheme offers a free dispute resolution service if there is a disagreement between a landlord and tenant about how much deposit should be returned. They make sure the tenant gets their deposit back if the tenant has:

meet the terms of the tenancy agreement

don’t damage the property

pay the rent and bills

A landlord or letting agent must put a tenants deposit in the scheme within 30 days of getting it and provided to the tenant or the authorized person who pays the deposit on behalf of the tenant,, such as the local housing authority, the prescribed information.

Landlords failing to protect deposits

A tenant can apply to their local county court if the landlord hasn’t used a TDP scheme when they should have. If the court finds that a  landlord hasn’t protected the tenants deposit, it can order the landlord to:

repay it to the tenant, pay it into a TDP scheme’s bank account within 14 days and

provide the tenant with compensation up to three times the value of the deposit amount.


Example of tenancy deposits

Failing to protect deposit

Mrs Yuni paid the landlord a deposit of £1000 upon moving into the property at the start of her tenancy. The deposit was held by the landlord for the duration of the tenancy but never protected the deposit as per the regulations. A dispute has arisen and Mrs Yuni has found out that her deposit is not protected.  Mr Yuni has issued a claim in the court against her landlord for the deposit plus up to three times the amount of the deposit for compensation.

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