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Tenancy Deposit Schemes – Legal Consequences

If your landlord doesn’t protect your deposit

Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected.

Deposit Protection Service
Telephone: 0330 303 0030

Telephone: 0333 321 9401

Tenancy Deposit Scheme
Telephone: 0300 037 1000
Find out about call charges.

Contact MyDeposits if your deposit was held by Capita.

Getting your deposit back

You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have.

Get legal advice before applying to court. You do not need a solicitor to do this.

Before going to court

It can be quicker and cheaper to write to your landlord, rather than going to court.

If you cannot come to an agreement, you can apply to the court for compensation.

Apply to a county court

Apply using Form N208: Claim form.

The court fee is £308. You can claim this back from your landlord if you win your case.

You can apply for money off your court fee if you claim certain benefits or have a low income.

What happens next

If the court finds your landlord has not protected your deposit, it can order them to either:

  • repay it to you
  • pay it into a TDP scheme’s bank account within 14 days

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

At the end of the tenancy

The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have.