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Tenancy deposits advice for tenants

Tenancy deposit law was introduced on 6th April 2007 and gives protection for tenants by preventing landowners and letting agents from wrongly withholding a deposit. The scheme defends all Assured Shorthold Tenancies in England and Wales

What is it?

Tenancy Deposit Protection is designed to ensure:

• You get all or part of your deposit back, when you are allowed to it
• any disputes between you and your landowner or agent will be easier to resolve
• landowners and letting agents who do not protect tenancy deposits will have to pay their tenant back three times the deposit

How does it work?

Start of a new tenancy
At the beginning of a new tenancy agreement, pay your deposit to your landowner or agent as usual.

Within 14 days
Within 14 days, the landowner or agent is required to give you details about how your deposit is protected including:

• the contact details of the tenancy deposit scheme
• the contact details of the landowner or agent
• how to apply for the release of the deposit
• information explaining the purpose of the deposit
• what to do if there is a dispute about the deposit

If you don't get this information, ask your landowner or agent the simple question - 'how is my deposit protected?'

You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear.

What if your landowner isn't protecting your deposit?

You may apply to your local county court. The court can order the landowner or agent to either repay the deposit to you or protect it in a scheme. If your landowner or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.