Tenancy Deposit Claims
Your landlord may owe you up to 3x your deposit.
At a Glance
| Difficulty | ⭐⭐ Medium |
| Time to DIY | 3 hours |
| Potential Payout | 1–3x your deposit (+ deposit return) |
| Time Limit | 6 years from tenancy end |
| Escalation | County Court (Money Claim Online) |
What Is It?
Since 6 April 2007, landlords in England and Wales must:
- Protect your deposit in a government-approved scheme within 30 days
- Give you "prescribed information" about the scheme within 30 days
If they failed to do either, you can claim compensation of 1–3 times your original deposit – decided by a judge.
Am I Eligible?
✅ You likely have a claim if:
- You had an Assured Shorthold Tenancy (AST) – most private rentals are ASTs
- Your tenancy started after 6 April 2007
- Your landlord failed to protect your deposit within 30 days, OR
- Your landlord failed to give you the prescribed information within 30 days
- You're still within 6 years of the tenancy ending
❌ You're NOT eligible if:
- You had a lodger agreement (living with your landlord)
- The tenancy was before April 2007
- More than 6 years have passed since the tenancy ended
- Deposit was properly protected AND prescribed information was provided on time
How Much Could I Get?
| Scenario | Compensation |
|---|---|
| Minimum award | 1x your original deposit |
| Maximum award | 3x your original deposit |
| Plus | Return of your actual deposit (if wrongly withheld) |
Example:
- Deposit paid: £1,200
- Compensation (3x): £3,600
- Deposit returned: £1,200
- Total: £4,800
The judge decides whether to award 1x, 2x, or 3x based on the landlord's conduct.
The Three Approved Schemes
Your deposit should have been protected in one of these:
- Deposit Protection Service (DPS) – depositprotection.com
- MyDeposits – mydeposits.co.uk
- Tenancy Deposit Scheme (TDS) – tenancydepositscheme.com
Each has a free search tool – you can check whether your deposit was protected.
Step-by-Step Process
Step 1: Check If Your Deposit Was Protected
- Search each scheme's website using your name and the property address
- If it was protected, check the date it was protected (must be within 30 days of you paying it)
Step 2: Check If You Received Prescribed Information
This is a specific document that must include:
- Which scheme holds your deposit
- The scheme's contact details
- How to apply for deposit return
- What to do if there's a dispute
- Your landlord's contact details
If you never received this document, you have a claim even if the deposit was protected.
Step 3: Send a Letter Before Action
Write to your landlord (or their agent) stating:
- Your deposit wasn't protected / prescribed information wasn't provided
- You're entitled to compensation of 1–3x the deposit
- You'll issue court proceedings if not resolved within 14 days
📝 Use our template: Tenancy Deposit Demand Letter
Step 4: Issue Court Claim (If Needed)
- Send a Letter Before Action first
- Use Money Claim Online (moneyclaims.service.gov.uk)
- Court fee: £115–£455 depending on claim amount
- You can claim the court fee back if you win
Evidence You'll Need
- Proof of deposit payment (bank statement, receipt, tenancy agreement)
- Tenancy agreement
- Search results from all three deposit schemes
- Any communications about the deposit
- Proof you didn't receive prescribed information (hard to prove a negative – the burden shifts to the landlord)
What Happens in Court?
- Most cases settle before the hearing once the landlord realises you're serious
- If it goes to hearing, it's usually a short 15-30 minute appointment
- The judge will ask the landlord to prove they protected the deposit and provided prescribed information
- You don't need a solicitor – explain your case simply
Common Questions
Q: My tenancy ended years ago – can I still claim?
Yes, if it's within 6 years of the tenancy ending.
Q: I renewed my tenancy – does that create a new claim?
Potentially yes. Each new tenancy (including renewals that create a new AST) can trigger a new 30-day requirement.
Q: The deposit was eventually protected – does that matter?
If it wasn't protected within 30 days, you still have a claim. Late protection doesn't fix the breach.
Q: My landlord is difficult – will this make things worse?
If you've already moved out, there's no ongoing relationship to damage. If you're still living there, consider timing your claim for after you leave.
Q: Do I need a solicitor?
No. Small claims court is designed for people to represent themselves. The forms are straightforward.