How does a landlord or agent have to treat my deposit/bond?

If you signed an Assured Shorthold Tenancy (AST) then your deposit must be protected in a Deposit Protection Scheme.

If your deposit is registered in a Deposit Scheme and you cannot agree to an amount to be deducted with your landlord or agent, then you have the right to use a free arbitration service called Alternative Dispute Resolution (ADR).

This is a free service operated by the Deposit Protection Schemes where both you and your landlord submit your claims and supporting evidence and someone independent looks at the evidence and decides what they believe is fair.

What if my deposit was not protected correctly?

If your deposit was not protected, or it was protected more than 30 days after you paid it, your landlord or agent has broken the law.

It is written in Section 213 of the Housing Act 2004 that the tenants and the relevant persons must be given information proving the deposit is protected, this is called the Prescribed Information and is sometimes in the form of a Deposit Protection Certificate (DPC).

If:

  • The deposit was not protected
  • The deposit was protected more than 30 days after you paid it
  • The Prescribed Information was not given to the tenants and relevant persons
  • The wrong deposit amount is protected on the Deposit Protection
  • Not all tenants or relevant persons are listed on the Deposit Protection

Then you are entitled to the return of the deposit, and up to 3 times the amount of the deposit as compensation.

If you think your deposit may not have been protected correctly, please contact Justice For Tenants via the Contact Form or email info@justicefortenants.org.

 

Please see the Frequently Asked Questions below for more information about deposit protection laws and your entitlement to compensation

 

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