My landlord hasn't protected my deposit

I don't think my landlord has put my deposit into a protection scheme – what can I do?

Answer

Landlords are required by law to protect tenants' deposits with a government-accredited protection scheme within 30 days of receiving it, and to give you details of the scheme and its dispute resolution service.

If your landlord fails to protect your deposit, they cannot use a Section 21 notice to evict you, and you can apply to the county court to award a penalty for non-protection. The court could order the landlord to pay you compensation of up to three times the amount of the deposit.

If you have no record of this, check that it is protected on the individual scheme websites:

Tenancy Deposit Scheme (TDS)

The Deposit Protection Service (DPS)

mydeposits

Landlords who don't protect deposits are liable to pay their tenants compensation worth up to three times the value of the deposit. If you're in this position, Renters' Rights London has produced a handy guide to getting your hands on that money.

Consider contacting expert advice organisations for help.

We're campaigning for tenants to get the ability to transfer their deposits between tenancies to avoid this risk. Join us.

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