Check if your landlord has to protect your deposit
You usually have to pay a 'rent deposit' to your landlord or letting agent before you can rent your home. The deposit is usually 1 to 2 months' rent but it could be more.
Your landlord usually has to protect your deposit and put it in a deposit protection scheme until you move out of the property.
The scheme keeps your money safe and makes sure you get back what you're owed at the end of your contract.
Paying a deposit on or after 1 December 2022
Your landlord must protect your deposit unless one of the following applies:
- you live with your landlord and they haven’t offered you an occupation contract
- you’re a protected tenant
Your deposit has to be protected even if someone else paid it for you, for example your parents or a friend.
Your landlord has to protect your deposit within 30 days of the date they receive it.
Check your written statement
You’ll get a written statement at the start of your occupation contract. It sets out your rights and responsibilities - and your landlord’s.
Your landlord must give you a written statement - if they haven’t given you a written statement, ask them for one.
Check your written statement - it should say that your landlord has to protect your deposit. If it doesn't or you’re not sure, talk to an adviser.
If you paid a deposit before 1 December 2022
The rules your landlord had to follow to protect your deposit depend on the situation.
If you still had your tenancy on 1 December 2022
Your landlord should have protected your deposit if you had an assured shorthold tenancy. If you’re not sure what type of tenancy you had, talk to an adviser.
Your tenancy has become a ‘converted contract’. Your landlord still has to protect your deposit.
Your deposit should have been protected even if someone else paid it for you, for example your parents or a friend.
Your landlord should have protected your deposit within 30 days of the date they received it.
Check your written statement
Check your written statement - it should say that your landlord has to protect your deposit. Your written statement sets out your rights and responsibilities - and your landlord’s.
If you don’t have a written statement, ask your landlord for one. They have to give you a written statement by 1 June 2023.
If your written statement doesn't say your landlord has to protect your deposit or you’re not sure, talk to an adviser.
If you paid your deposit after 6 April 2007 and your tenancy ended before 1 December 2022
Your landlord should have protected your deposit if you had an assured shorthold tenancy. If you’re not sure what type of tenancy you had, talk to an adviser.
When your deposit should have been protected
|
When you paid your deposit |
When your deposit needed to be protected by |
| Before 6 April 2012 | 6 May 2012 |
| On or after 6 April 2012 | 30 days after it was paid |
If you paid your deposit before 6 April 2007 and your tenancy ended before 1 December 2022
If you had an assured shorthold tenancy that started before 6 April 2007, your deposit might have been protected. If you’re not sure what type of tenancy you had, talk to an adviser.
The rules depend on when you paid your deposit.
|
Your situation |
When your deposit needed to be protected by |
| Your first fixed term ended on or after 6 April 2007 and you didn’t renew your tenancy | 23 June 2015 |
| You first renewed your tenancy on or after 6 April 2007 and before 6 April 2012 | 6 May 2012 |
| You first renewed your tenancy on or after 6 April 2012 | 30 days after your tenancy was first renewed |
Your landlord doesn’t need to protect your deposit if your first fixed term ended before 6 April 2007 and you didn’t renew your tenancy.
Check if your deposit is protected
Your deposit should be protected by one of 3 deposit protection scheme providers:
If your landlord or letting agent hasn't told you if they've protected your deposit, check the scheme providers' websites.
You'll need to enter a few details, for example your postcode, surname and the date you started your contract. You’ll find this information in your written statement.
You might need to enter the details of any joint contract holders if you can't find the details under your own name. If you've renewed your contract, it's worth checking the different start dates too.
If you still can't find out whether your deposit has been protected, speak to someone at each deposit protection scheme provider. You can find their contact numbers on their websites.
If your landlord hasn't protected your deposit
Don't worry if your landlord or letting agent hasn't protected your deposit when they should have - you don't need to do anything.
You'll still be able to claim back the money you're owed and you might be able to get compensation from your landlord.
Find out how to get your deposit back.
If you get a ‘no fault’ eviction notice
Your landlord will have to pay your deposit back to you before they can use a no fault notice to evict you if either:
- your deposit wasn't protected and it should have been
- your landlord didn’t meet the rules of the deposit protection scheme
Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. They can't evict you with a no fault notice if they haven't given you this information or they didn't sign it to say it was accurate.
If your landlord gives you the prescribed information late or pays your deposit back to you, they will be able to evict you with a no fault notice.
Check what you can do if you get a no fault notice.
Talk to an adviser if your landlord hasn’t protected your deposit and tries to use a no fault notice to evict you.