With summer in full swing, students, professionals, and families alike are moving into their new homes. However, amidst the excitement of moving, it’s crucial to ensure that your tenancy deposit is protected as required by law.
What is a Tenancy Deposit?
When moving into a new property, tenants are typically expected to pay a deposit as security against potential damage to the property or unpaid rent. While this deposit is paid to the landlord, it remains the tenant’s property. In the UK, landlords are legally required to protect this deposit in one of three government-approved tenancy deposit schemes (TDP) within 30 days of receiving it. These are, MyDeposits, the Deposit Protection Service (DPS), and the Tenancy Deposit Scheme (TDS).
Signs Your Deposit Might Not Be Protected
- You have not received any information about the deposit protection scheme.
- Your landlord has not provided you with a certificate or proof of deposit protection.
- There is no information in your assured shorthold tenancy (AST) agreement about where your tenancy is being protected.
- You cannot find your deposit listed on any of the approved TDP scheme websites.
What Should I Do if My Tenancy Deposit Wasn’t Protected?
Deposit protection helps ensure that tenants aren’t unfairly charged for damage when they move out and that any disputes are handled fairly. It stops landlords from wrongly blaming tenants for issues like damage to walls, carpets, flooring, or furniture.
It also means that if a landlord wants to make deductions from your deposit, they have to follow proper procedures, showing exactly how much the repairs will cost, and preventing them from taking money without justification.
Moving into a new home should be an exciting experience, not a stressful one. If your landlord has not complied with their legal duty by failing to protect your deposit, you can bring forward a claim.
Landlords who fail to protect their tenant’s deposit can be ordered to pay their tenants compensation of up to three times the amount of the deposit.
