Tenancy Deposit Disputes
Since 2007, every deposit on an assured shorthold tenancy in England must be protected in one of three government-backed schemes (DPS, MyDeposits, or TDS) within 30 days. If your landlord misses that deadline, the consequences for them can be severe — up to three times the deposit, awarded to you.
Cases on file
1
Claimant win rate
100%
Cases reaching a determination
Median damages awarded
£7,200
Where compensation was awarded
How deposit protection works
Three government-authorised schemes hold the money — or you choose an insurance-based scheme where the landlord keeps the money and pays a premium. Either way, within 30 days the landlord must:
- Protect the deposit
- Give the tenant "prescribed information" — the scheme details, contact info, and how to raise a dispute
Both steps matter. Even if the deposit is protected on time, missing or incomplete prescribed information has been treated by the courts as failure to protect.
The penalty award
Courts decide where to pitch the penalty (1x to 3x). Factors that push it higher:
- Repeated failures across multiple tenancies
- Landlord is a professional rather than an "accidental" landlord
- No remedial action taken once the breach was raised
- Length of time the deposit went unprotected
Cases on Deposit disputes
Frequently asked
- What if my landlord didn't protect my deposit?
- You can apply to the County Court for a penalty between one and three times the deposit amount. The court has discretion on the multiple — three times is reserved for serious or repeated failures.
- Can my landlord serve a Section 21 notice if the deposit wasn't protected?
- No. Until the deposit is either protected or returned in full, a Section 21 notice cannot be validly served. This blocks "no-fault" evictions for unprotected deposits.
- How do I challenge deductions from my deposit?
- Use the free dispute resolution service offered by your deposit scheme (DPS, TDS, or MyDeposits). It's binding only if both sides agree to use it. Otherwise you can sue in the small claims court.
- What can a landlord legitimately deduct?
- Unpaid rent, damage beyond fair wear and tear, missing items listed on the inventory, and unreasonable cleaning costs. The landlord must prove the loss — usually with the check-in and check-out inventories and supporting invoices.