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If you discover that your deposit has not been registered in any of the three government approved deposit protection schemes (MyDeposits, DPS – Deposit Protection Service, TDS – Tenancy Deposit Scheme), then you will not be able to use their free service to resolve a dispute with your landlord or agent.
Section 213 and Section 214 of the Housing Act makes it very clear – If a tenant has an AST (Assured Shorthold Tenancy) and their deposit is not protected in a deposit protection scheme within 30 days of the deposit being paid, then the landlord MUST return the full deposit as well as up to 3 times the amount of the deposit as compensation.
To dissuade landlords and letting agents from failing to protect deposits, it is a strict liability offence. This means that there is no defence that a landlord can offer – either they protected the deposit or bond within 30 days of receiving it, or they didn’t, there are no excuses allowed.
Justice For Tenants is a not-for-profit tenants’ rights organisation that helps thousands of tenants recover their deposit and any compensation they are entitled to every year. Please call 020 3476 6648 or fill in the form to speak to our trained tenant advisors to receive advice personalised to your specific situation, or to find out more about the law, your rights, and what your options are.