Tenancy deposit protection in England: caps, deadlines and disputes
Deposits are one of the most common sources of disagreement between landlords and tenants. Ask the assistant about deposit caps, the approved schemes, the information landlords must give and how to get a deposit back.
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Deposit caps and the 30-day deadline
The maximum deposit is 5 weeks' rent if the annual rent is less than £50,000, and 6 weeks' rent if it is £50,000 or more. A holding deposit to reserve a property can be up to one week's rent.
For an assured periodic tenancy, the landlord or letting agent must put the deposit in a government-approved scheme within 30 days of receiving it. In England and Wales the schemes are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. This applies even when a third party, such as parents or a rent deposit scheme, pays the deposit.
If the tenancy is not an APT, the landlord can accept valuable items such as a car or watch as a deposit instead of money, but these items are not protected by a scheme. Scotland and Northern Ireland have their own separate deposit schemes.
Information the tenant must receive
Within the same 30 days, the landlord must tell the tenant the property address, the amount paid, how the deposit is protected, the scheme's name and contact details and its dispute resolution service, their own or the agency's contact details, and details of any third party who paid.
They must also explain why they might keep some or all of the deposit, how to apply to get it back, what to do if the landlord cannot be reached at the end of the tenancy and what to do if there is a dispute.
Getting the deposit back
At the end of the tenancy, the landlord must return the deposit within 10 days of both parties agreeing how much will be returned. If there is a dispute, the deposit stays protected in the scheme until it is resolved.
Each scheme offers a free dispute resolution service. Both sides must agree to use it, both provide evidence, and the decision is final.
Frequently asked questions
What can a court do if my landlord did not protect my deposit?
You can apply to your local county court using Form N208. The court can order the landlord to repay the deposit or pay it into a scheme's bank account within 14 days, and may order them to pay you up to 3 times the deposit. It may also decide you do not have to leave when the tenancy ends.
Does a holding deposit have to be protected?
No, the landlord does not have to protect a holding deposit. Once you become a tenant, the holding deposit becomes a deposit, and it must then be protected.
Can I get my deposit back if my landlord has disappeared?
If your deposit is held by one of the approved schemes, you can raise a dispute with the scheme. It will refund the deposit if the dispute resolution service agrees. There may be a time limit, so contact the scheme as soon as possible.
Can a landlord who has not protected the deposit still evict me?
Under the Renters' Rights Act, landlords will be prevented from gaining possession if they have not properly protected the tenant's deposit. They can rectify the problem, and the restriction does not apply to antisocial behaviour grounds.
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