Does my landlord have to protect my deposit?

The 3 deposit protection schemes

In England and Wales your landlord must use one of these government-approved schemes:

Schemes work in 2 ways. In a custodial scheme the scheme holds the money, and this is free for the landlord. In an insured scheme the landlord keeps the money and pays for insurance. If there is a dispute, the landlord must hand an insured deposit to the scheme until it is sorted out.

The rules apply even if someone else paid your deposit, such as your parents or a rent deposit scheme. A holding deposit (paid to reserve a home) does not need protecting until it becomes your actual deposit.

What your landlord must tell you

Within 30 days of getting your deposit, your landlord must give you:

• the address of the home
• how much deposit you paid
• how it is protected
• the scheme's name and its dispute service
• their (or the letting agent's) contact details
• the name and contact details of anyone else who paid the deposit
• why they might keep some of it
• how to ask for it back
• what to do if you cannot contact them at the end
• what to do if there is a dispute

Keep this information. You will need it if something goes wrong.

Getting your deposit back

At the end of the tenancy, you and your landlord agree how much you get back. Your landlord must then return it within 10 days.

If you disagree: the free dispute service

Each scheme has a free dispute resolution service. Both you and your landlord must agree to use it.

1. Contact your scheme and raise a dispute.
2. Send your evidence, such as photos, the check-in inventory and messages.
3. Your landlord sends their evidence too.
4. The scheme decides. The decision is final.

While the dispute is open, the money stays protected in the scheme.

If you cannot contact your landlord at the end, you can still raise a dispute. The scheme will refund you if the dispute service agrees. Time limits may apply, so contact the scheme quickly.

If your deposit was not protected

Write to your landlord or agent first. They may pay you back to avoid legal costs.

If not, you can go to the county court. You can do this at any time during your tenancy. The court can order your landlord to:

• pay the deposit back to you, or put it in a custodial scheme, within 14 days
• pay you up to 3 times the deposit within 14 days

The court may also decide you do not have to leave when the tenancy ends. In England, a court will also check the deposit was dealt with properly before giving a landlord possession.

Example: your deposit was £1,200 and was never protected. A court could order up to 3 x £1,200 = £3,600.

If you live in Scotland or Northern Ireland

Scotland and Northern Ireland have separate deposit schemes, with their own rules.

Related guides

• What is the Renters' Rights Act and who does it cover?
• What repairs is my landlord responsible for?
• How much notice do I give to leave my rented home?
• How often can my landlord put the rent up?
• Can my landlord evict me?

Where this comes from

• Tenancy deposit protection (GOV.UK)
• Information landlords must give tenants (GOV.UK)
• Deposit disputes and problems (GOV.UK)
• Deposit protection schemes and landlords (GOV.UK)
• If a landlord does not protect a deposit (GOV.UK)