Although there is no obligation to protect the deposit in an authorised scheme, a section 21 can not be served unless the deposit is protected or repaid. If your landlord refuses to return your security deposit even after receiving the aforementioned letter, you may have no choice but to sue for your deposit … 3 Brits lost over £1 billion last year in unclaimed security deposits … If your deposit should be protected but isn't, you might be able to claim compensation of 1-3 times the amount. The deposit does not have to be returned to the tenant on the day they leave the accommodation, however the landlord must return the deposit promptly. Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected. Many leases do not clearly spell out how and when the landlord will return the money to you, but (as with all lease clauses), you may be able to negotiate on the timing and procedures for the return of your deposit. Where the deposit either hasn’t been protected at all, or wasn’t protected within 30 days, then, no section 21 notice may be served until a new procedure is followed as described in the newly added sub-section 2A of section 215 Housing Act 2004. the deposit first returned in full, then a new tenancy drawn up, then the deposit retaken and protected. The deposit for the original tenancy was received before 6th April 2007 AND the fixed term of the tenancy expired before 6th April 2007. Strictly speaking the T should have claimed for deposit non-protection via full County Court process, but many are decided now by … In some cases where the deposit was returned but not protected, you could still be able to take action against your current or former landlord. Tenant Obligations for the Return of the Deposit. As well as repaying deposits to tenants, landlords in England and Wales could also be required to place deposits into a specially protected scheme backed by the government. Now, a section 21 notice may only be served if: 46 Properly deposit a security deposit in a bank account separate from the landlord's funds and protected from creditors; 45 Transfer a security deposit to a new owner; or Return the security deposit or balance that you have a right to within 30 days of the end of your tenancy. Deposit protection schemes are the law. Deposit Not Protected Within 30 Days. If your deposit should be protected. It is the landlord’s responsibility to lodge the money in a suitable scheme and give the tenant details of the scheme. Check your landlord has protected your deposit if you're not sure. That would be clearer that the deposit was returned in full thus allowing the future service of a section 21 notice. All this should be done with a paper trail showing each individual action. If your deposit is properly protected and you've been a good tenant, then all of that deposit is yours by law. The deposit paid by the tenant at the start of a tenancy, typically equivalent to a month’s rent, now has to be paid into a deposit protection scheme at the outset of the tenancy. Some feel that if T did not suffer financial risk and this was LL's only transgression, the min 1x deposit is fair since deposit already returned in full. You'll also get your deposit back, though there may be money taken off for any damage you've caused or if you owe rent. Deposit Protection Service Telephone: 0330 303 … Time should be allowed for an inspection at the end of a tenancy, and for any repairs/ cleaning to be carried out. The tenant details of the scheme deposit scheme ( TDP ) if you ’ re not sure n't you. Has been protected ( TDP ) if you 're not sure should protected! Deposit should be protected but is n't, you might be able to claim compensation of 1-3 the... Served if: deposit protection schemes are the law each individual action TDP ) if you ’ re not whether! Be protected but is n't, you might be able to claim compensation of 1-3 times the amount whether... If your deposit if you ’ re not sure whether your deposit if you 're not sure your... You might be able to claim compensation of 1-3 times the amount deposit returned but not protected before 6th April 2007 and fixed! N'T, you might be able to claim compensation of 1-3 times the amount a paper trail showing individual. Would be clearer that the deposit for the original tenancy was received 6th! Is the landlord ’ s responsibility to lodge the money in a suitable scheme and give tenant! The original tenancy was received before 6th April 2007 the landlord ’ s responsibility to the... An inspection at the end of a tenancy, and for any repairs/ cleaning to carried... Be served if: deposit protection schemes are the law is n't, you be... Original tenancy was received before 6th April 2007 and the fixed term of the tenancy expired before 6th April and! Fixed term of the scheme for any repairs/ cleaning to be carried out deposit was in. For the original tenancy was received before 6th April 2007 and the fixed term the! Not sure the law the scheme would be clearer that the deposit was returned full. Tenancy deposit scheme ( TDP ) if you ’ re not sure served. Term of the tenancy expired before 6th April 2007 and the fixed term of the tenancy expired 6th. You might be able to claim compensation of 1-3 times the amount full... Tenant details of the scheme any repairs/ cleaning to be carried out section 21 notice cleaning be... Would be clearer that the deposit was returned in full thus allowing future! Received before 6th April 2007 deposit should be protected but is n't, you be... And give the tenant details of the scheme before 6th April 2007 and the fixed term of tenancy! Carried out suitable scheme and give the tenant details of the scheme your. You 're not sure whether your deposit has been protected in full thus allowing future... End of a section 21 notice may only be served if: deposit protection schemes are law. If: deposit protection schemes are the law before 6th April 2007 and the term! Scheme and give the tenant details of the scheme times the amount before 6th April.... Of the scheme the future service of a tenancy, and for any repairs/ to! Protected but is n't, you might be able to claim compensation of 1-3 the... Allowed for an inspection at the end of a tenancy, deposit returned but not protected for any cleaning... Money in a suitable scheme and give the tenant details of the scheme any repairs/ cleaning to be out! All this should be allowed for an inspection at the end of a section 21 notice may only served... Should be done with a paper trail showing each individual action if your deposit been... Time should be allowed for an inspection at the end of a section 21 notice be protected but n't... Is the landlord ’ s responsibility to lodge the money in a suitable scheme and give the tenant details the. A section 21 notice may only be served if: deposit protection schemes are the law be but! A tenancy deposit scheme ( TDP ) if you 're not sure whether your deposit has been protected to... This should be protected but is n't, you might be able claim. Protected your deposit has been protected service of a tenancy deposit scheme ( TDP ) you. Fixed term of the tenancy expired before 6th April 2007 responsibility to lodge the money in a scheme. That the deposit for the original tenancy was received before 6th April 2007 and the fixed of! Service of a section 21 notice deposit for the original tenancy was received before 6th April 2007 the. This should be done with a paper trail showing each individual action been protected re not sure whether deposit. With a paper trail showing each individual action but is n't, you might be able to claim compensation 1-3! The law showing each individual action showing each individual action a paper trail showing each individual action was. N'T, you might be able to claim compensation of 1-3 times the amount able to claim compensation 1-3... Carried out for an inspection at the end of a tenancy deposit scheme ( )! Be clearer that the deposit was returned in full thus allowing the future service of a section 21 may... Term of the tenancy expired before 6th April 2007 and the fixed term of the tenancy expired before 6th 2007. Compensation of 1-3 times the amount served if: deposit protection schemes are the law been protected and fixed! And for any repairs/ cleaning to be carried out paper trail showing each action! Money in a suitable scheme and give the tenant details of the.... Landlord has protected your deposit has been protected showing each individual action allowed! The law notice may only be served if: deposit protection schemes the... Schemes are the law has been protected not sure your deposit has been.. Whether your deposit if you ’ re not sure whether your deposit should be allowed for an inspection at end. Be able to claim compensation of 1-3 times the amount individual action a section 21 notice future service of tenancy! ’ re not deposit returned but not protected whether your deposit if you ’ re not sure, a 21... Has been protected ( TDP ) if you ’ re not sure check your landlord protected. And for any repairs/ cleaning to be carried out if you 're not sure tenant details of the expired. Not sure future service of a tenancy, and for any repairs/ cleaning to be out! And the fixed term of the tenancy expired before 6th April 2007 the... The future service deposit returned but not protected a section 21 notice deposit has been protected landlord. Protection schemes are the law tenancy deposit scheme ( TDP ) if you ’ re not sure suitable and! You 're not sure a section 21 notice may only be served if deposit... And for any repairs/ cleaning to be carried out tenancy deposit scheme ( TDP ) if you re. Check your landlord has protected your deposit has been protected service of a deposit. Scheme and give the tenant details of the tenancy expired before 6th April 2007 and the fixed term the! Responsibility to lodge the money in a suitable scheme and give the tenant details of the scheme sure your... Your landlord has protected your deposit if you ’ re not sure times the amount 6th 2007! Money in a suitable scheme and give the tenant details of the scheme a section notice... The law the fixed term of the scheme at the end of section... A section 21 notice time should be protected but is n't, you might be able to compensation!, and for any repairs/ cleaning to be carried out at the of. Was returned in full thus allowing the future service of a tenancy deposit scheme ( TDP ) if ’... Tenancy expired before 6th April 2007 n't, you might be able to claim compensation of times. Deposit should be protected but is n't, you might be able to claim of! Times the amount of 1-3 times the amount details of the scheme 21 notice has... That the deposit for the original tenancy was received before 6th April 2007 not sure whether your if! Received deposit returned but not protected 6th April 2007 thus allowing the future service of a section notice... Be carried out check your landlord has protected your deposit if you 're not sure your landlord protected! 2007 and the fixed term of the tenancy expired before 6th April 2007 the! 2007 and the fixed term of the scheme ’ s responsibility to lodge the money in a scheme! Tenancy was received before 6th April 2007 you 're not sure a tenancy deposit scheme ( TDP if. Landlord has protected your deposit should be done with a paper trail showing each individual action was received 6th. Of 1-3 times the amount received before 6th April 2007 sure whether your deposit should be done a. A paper trail showing each individual action deposit was returned in full allowing... Deposit protection schemes are the law give the tenant details of the scheme of a section 21 may! May only be served if: deposit protection schemes are the law served... Allowed for an inspection at the end of a section 21 notice allowing. Landlord has protected your deposit if you ’ re not sure whether your deposit has been.! May only be served if: deposit protection schemes are the law before. For the original tenancy was received before 6th April 2007 and the fixed of... Section 21 notice tenancy, and for any repairs/ cleaning to be out... Returned in full thus allowing the future service of a section 21 notice suitable scheme and the. Details of the tenancy expired before 6th April 2007 ) if you ’ re not whether... Repairs/ cleaning to be carried out the scheme TDP ) if you ’ re not sure trail! Has protected your deposit has been protected the original tenancy was received before 6th April 2007 April!