Information for tenants – Insured

A tenant’s guide to mydeposits 

Since 6 April 2007, all landlords who take a deposit from their tenant in England on an assured shorthold tenancy (AST) agreement and in Wales on an occupation contract must comply with the tenancy deposit protection legislation by: 

• protecting the deposit with a government authorised tenancy deposit protection scheme within 30 days of receiving it from the tenant
• providing the tenant with proof of the deposit protection (known as the Prescribed Information) within the same 30-day timeframe

The legislation has been designed to protect your deposit and make sure that, if entitled, you get it back. 

Note: Where it says ‘landlord’ this will also mean agent if the agent has taken and protected the deposit. 

Penalties for landlords who do not comply

You can take your landlord to court if they do not  comply with the law. They may face the following penalties: 

• Be required to return the deposit to you or lodge the full deposit in a custodial scheme within 14 days Be fined between one and three times the deposit amount 
• Be unable to serve a Section 21 notice to repossess their property 

What is the Prescribed Information? 

We provide your landlord or agent with a Deposit Protection Certificate (DPC) as proof of protection. It should be signed by your landlord and you should be given the opportunity to sign it to confirm you understand and agree with the information. This information for tenants leaflet is also part of the Prescribed Information. It explains who we are, how to get your deposit back and contains information about our formal resolution process. 

End of the tenancy

You should request the return of your deposit at the end of the tenancy in writing and keep evidence of the request. If you do not contact your landlord, they may decide to keep your deposit until they hear from you. You are responsible for requesting your deposit back. 

Deposit deductions

Your landlord or agent may wish to claim costs from the deposit, and if so, we suggest you discuss the proposals directly with your landlord or agent.  

Your landlord or agent should return any agreed amount to you within 10 days of your request to return the deposit. If you are unable to agree the proposed settlement with your landlord or agent, you can raise a formal resolution with mydeposits within three months of leaving the property or three months from unprotection, whichever is sooner. You must wait 10 days after requesting the deposit back before raising a formal resolution. 

Top tip: If your landlord or agent does not respond to your request to return the deposit then you can raise a formal resolution. 

About formal resolution

The mydeposits  resolution service can resolve your case without you having to go to court. Both you and your landlord or agent (member) must agree to its use. Formal resolution is evidence-based and requires you to explain the issue, and requires you and your landlord to provide evidence to support your position. An impartial adjudicator will review the case and make a binding decision based on the evidence provided. The unresolved amount must be paid to mydeposits for safekeeping during the resolution process. We will distribute the money once a decision is made. 

 mydeposits formal resolution  

Visit www.mydeposits.co.uk/tenants to begin the process  

Any one tenant on a joint and several tenancy agreement can raise a formal resolution, providing the name is on the Deposit Protection Certificate (DPC). They will need to confirm that they are acting on behalf of the other tenants. We will check the validity of the case before proceeding to formal resolution.  

If the deposit has been unprotected by either the landlord or us, then you will have three months from the date of unprotection to raise a formal resolution (providing you leave the property during that period).  

There is a whole section on our website that offers help and advice on the resolution process. www.mydeposits.co.uk/tenants/guides