There are two types of deposit:
- Holding deposits, and
- Tenancy deposits
Holding deposits
These are taken to ‘hold’ a property for someone who is considering renting it. They cannot be more than one weeks worth of rent and in most cases will be refunded to applicants after a couple of weeks.
Holding deposits do not need to be protected.
Tenancy Deposits
These are the subject of this post. They are taken by the landlord or his agent to hold during the tenancy. The money can then be used as a fund to reimburse the landlord if when the tenancy ends, there is any damage or money owed.
Landlords’ obligations regarding deposits
Landlords, or their agents if they are using a letting agent, must
- Protect the deposit in a government authorised scheme, and
- Serve ‘prescribed information’ on the tenant about the deposit and what they have done with it.
There are three authorised deposit companies:
The Deposit Protection Service (DPS)
Tenancy Deposit Scheme (TDS)
My Deposits
If you suspect your deposit has not been protected
You should contact the three schemes and check. All of the schemes websites have an online search facility you can use to check.
At the moment the relevant pages are as follows:
For the DPS
For TDS
For My Deposits
If you are reading this sometime after it was posted, the pages may have changed, but you WILL be able to check – so have a search around on the scheme website.
Or you can ring them – all three schemes have a telephone helpline.
If your landlord has not protected your deposit
- You can issue proceedings to claim a penalty of up to three times the deposit and
- Your landlord will not be able to evict you using the no-fault possession ground (section 21 in England, section 173 in Wales).
For further advice, see this page.