Is my deposit protected?
Under the Housing Act 2004, if a tenant pays a deposit to rent a property then the landlord must register that tenancy deposit with one of three authorised government deposit schemes within 30 days of the deposit being paid.
The legal requirements on a landlord are twofold:-
1. They must register the tenancy deposit with a government authorised scheme within 30 days of it being paid; and
2. they must give the tenant and the person who paid the deposit (if someone else paid the deposit) the prescribed information within 30 days of the deposit being paid.
What is prescribed information?
Prescribed information is the information which a landlord must give to the tenant which informs them that the deposit is registered with one of the government authorised schemes. The landlord must provide the tenant with certain information concerning the tenancy deposit protection scheme with which the deposit is registered.
How to find out what the prescribed information is?
A full copy of Statutory Instrument number 797 of the Housing (Tenancy Deposits) Prescribed Information Order 2007 can be found at http://www.legislation.gov.uk/uksi/2007/797/contents/made.
Under current laws the following rules apply about rental deposits:-
If you paid a deposit to your landlord or their agent and they failed to register the deposit in a deposit protection scheme within 30 days of you paying them then you will automatically be entitled to receive your full deposit back (regardless of fault). You will also receive between one and three times your deposit value as compensation, this is in addition to your deposit.
Example:- Tenant paid £1,000 deposit to her landlord, the landlord then failed to put the deposit into a government authorised deposit scheme within 30 days. The tenant is now automatically entitled to her full deposit of £1,000 back PLUS a further £1,000 – £3,000 as compensation.
We offer a free deposit protection advice service, so if you want to check if you have a deposit claim then simply call us or request a call back. Remember you could claim back up to 3 times your deposit back if your landlord failed to protect your deposit!