What to do if your landlord hasn't protected your deposit

Zara, Maintenance manager, offers a helping hand by pointing out what tenants can do if they believe their landlord has failed to protect their deposit...

Estimated reading time: 3 minutes.

As a tenant, it's important to know that your deposit is protected throughout your tenancy.

However, there are unfortunately cases when landlords fail follow their legal obligation of securing their tenants' deposits in one of the three government-approved deposit schemes within 30 days of receiving them.

If this happens to you, it's important to know what to do.

Here are the steps you should take if your landlord hasn't protected your deposit:

Step 1: Check if your deposit is protected

The first thing you need to do is confirm whether or not your deposit has been securely protected within one of the approved schemes.

If you haven’t received any information in regard to where the deposit funds may be protected, you can contact the three deposit schemes - Deposit Protection Service, MyDeposits, and Tenancy Deposit Scheme - to confirm if your deposit has been secured.

Contact details of each deposit scheme is below:

Deposit Protection Service
Telephone: 0330 303 0030

MyDeposits
Telephone: 0333 321 9401

Tenancy Deposit Scheme
deposits@tenancydepositscheme.com
Telephone: 0300 037 1000

If your landlord hasn't registered your deposit within 30 days of having received it, they may be in breach of the law.

Read: Common reasons for tenancy deposit disputes

Step 2: Write to your landlord

If you find out that your deposit hasn't been protected, write to your landlord as soon as possible.

Explain the situation and remind the landlord that they could be liable for a penalty if they don't protect your deposit or fail to return it to you at the end of your tenancy.

Step 3: Report your landlord to the authorities

If you believe that your landlord is intentionally withholding your deposit, you can report them to the local council's housing department. They can investigate your landlord's actions and take legal action against them if necessary.

If a landlord fails to comply with the rules a tenant can make an application to the county court to order that the deposit that was paid is protected or returned, and that the landlord pays compensation of up to 3 times the deposit amount.

There are procedures you will have to go through in order to successfully make a compensation claim and Shelter Cymru offer a wealth of advice surrounding this.

It's important to note that letting a property through a reputable letting agent can better help ensure that your deposit is well-secured. A good letting agent will ensure that the deposit is registered with one of the three government-approved deposit schemes within the required timeframe and will provide you with all of the information in a timely manner.

This gives you peace of mind and protects your rights as a tenant.

If you find out that your landlord hasn't protected your deposit, don't panic.

Follow the steps outlined above and seek legal advice if necessary.

Remember, your deposit is your money, and you have a right to have it protected throughout your tenancy.

At CPS Homes, we understand that finding the perfect rental property can be a daunting task, but our expert lettings team is here to help make the process as smooth and stress-free as possible. With years of experience and a wealth of knowledge about the Cardiff rental market, we're confident we can help you find the ideal home. So, whether you're a student, working professional, or growing family, don't hesitate to get in touch with us today to discuss your requirements. You can reach us by phone at 02920 668585, by email at enquiries@cpshomes.co.uk, or by visiting one of our conveniently located branches for a face-to-face consultation.

24 May 2023

The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.

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