Help, My Deposit Wasn’t Protected!

It takes a little bit of effort but if your rent deposit has not been protected properly you could be entitled to three times your rent deposit amount - which could be £1000’s.

If you have discovered your rent deposit has not been protected (if you want to check you can use our guide), here’s what you need to do to get your money back.

How to claim a rent deposit that was not protected:

Making a claim might feel a little scary; but it’s only because you might not know the details about your rights, how to submit your claim, or what happens at each stage of the process.

We can change that, as making a claim is fairly straightforward when you know all the steps.

1. Collect all the evidence

‘Evidence’ in this case means things like:

a) Screenshots of the deposit transfer from your bank account - including date and time.

b) Confirmation from your property agent or landlord that they received the deposit

c) Screenshots that your deposit is not registered in a protected scheme.

Here’s how to do it. Make sure the information you put into the deposit checker is clear. You should be able to clearly see there were no typos or incorrect dates inputted. Put the webpage that shows there is no registered deposit next to a webpage showing today’s news. Take the screenshot. This is clear proof of the negative result and the date you captured the evidence.

2. Email your landlord or property agent

With this evidence and ask them to confirm your deposit isn't protected, or was not protected after 30 days from when you sent it. They are still at fault if they protected it after 30 days.

3. You’ll then need to fill in a N208 form

To take your landlord to small claims court.

4. Write on your form

That you're making a claim 'under S213-214 of the Housing Act 2004 (non-compliance with the Tenancy Deposit Scheme)'.

5. Write down the evidence

These are the screenshots you collected in step 1. Explain that your deposit was not protected correctly or on time.

6. Send the N208 form

To your local county court - remember that there may be fees. The fees will be repaid if you win the case (this is why it’s important to review the evidence and send through everything in writing.)

7. The court will write to you about your hearing

If your landlord hasn’t followed the rules, the court will instruct your landlord or agent to pay compensation of 1 to 3 times the amount of your deposit.

Are there any other details to consider?

Before you start the court process, make sure you are eligible to claim

• You must live in an assured shorthold tenancy (that’s most rentals), not owner occupied.
• Your rental contract must have started on or after 6 April 2007.
• You might not be protected if you used a ‘deposit free’ alternative.

Living in London?

Londoners can also be refunded 12 months rent if your landlord doesn't have the correct licence.

Check if your landlord has the right licence here.

Any questions, let us know in the comments

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