Renters' Rights Act 2025 — Section 21 no-fault eviction abolished from 1 May 2026 · England only. Deposit compliance is now more critical than ever — non-compliance can affect your ability to recover possession. Read our Renters' Rights Act guide →

Deposit Protection Specialists

Tenancy Deposit Disputes
Solicitors for Landlords

Specialist advice on deposit protection compliance, prescribed information, deposit deductions and dispute resolution. We advise landlords on maximising deposit recovery and defending penalty claims.

01244 757 352Free Initial Enquiry
30 days
Deposit protection deadline
1–3× deposit
Penalty for non-protection
10 days
Deposit return deadline
TDS · DPS · MyDeposits
Authorised schemes

How We Help with Deposit Disputes

Tenancy deposit law is technical. Errors in protection or prescribed information can expose landlords to significant penalties. We advise on compliance and represent landlords in disputes.

Deposit Protection Compliance

Advice on protecting deposits correctly within the 30-day deadline, serving prescribed information and avoiding the penalty regime.

Prescribed Information Disputes

Defending claims where tenants allege prescribed information was not served correctly, or advising landlords on remedying compliance failures.

Deposit Deduction Disputes

Advising on what deductions are recoverable, preparing evidence bundles for ADR submissions and representing landlords in deposit disputes.

ADR Submissions

Preparing and submitting evidence to TDS, DPS and MyDeposits adjudication services to maximise deposit recovery.

Deposit Penalty Claims Defence

Defending landlords against tenant claims for deposit protection penalties (1–3x the deposit amount) in the County Court.

Deposit Return Disputes

Advising on the correct process for returning deposits, resolving disagreements and avoiding court proceedings where possible.

Deposit Protection — What Landlords Must Do

1

Protect within 30 days

The deposit must be registered with an authorised scheme (TDS, DPS or MyDeposits) within 30 days of receipt. Late protection does not avoid the penalty — it only reduces it in some circumstances.

2

Serve prescribed information

Within 30 days, landlords must also serve the prescribed information on the tenant and any relevant person (e.g. a guarantor or person who paid the deposit). This includes the scheme leaflet, certificate and specific details about the tenancy.

3

Re-serve on renewal

If the tenancy is renewed or becomes periodic, landlords should re-serve prescribed information. Failure to do so on renewal is a common compliance gap that tenants exploit when disputes arise.

4

Return within 10 days of agreement

Once both parties agree the amount to be returned (or a court or adjudicator decides), the deposit must be returned within 10 days. Unreasonable delay can itself give rise to a claim.

Deposit Penalty — What's at Stake

Where a landlord fails to protect a deposit or serve prescribed information, the tenant can apply to court for a penalty award. Courts have discretion to award between one and three times the deposit amount in addition to returning the deposit itself.

Deposit not protected at allUp to 3× deposit + return of deposit
Protected late (after 30 days)Up to 3× deposit (court discretion)
Prescribed information not servedUp to 3× deposit
Wrong scheme or wrong detailsUp to 3× deposit

Facing a deposit penalty claim? We advise on defences and mitigation. Call 01244 757 352 for an immediate assessment.

Tenancy Deposit FAQs

How long does a landlord have to return a deposit?
A landlord must return the deposit (or the agreed balance after deductions) within 10 days of both parties agreeing the amount. If there is a dispute, the deposit must be held until the dispute is resolved — either through the scheme's Alternative Dispute Resolution (ADR) service or by court order.
What happens if a landlord fails to protect a deposit?
If a landlord fails to protect a deposit in an authorised scheme within 30 days of receipt, or fails to serve the prescribed information, the tenant can apply to court for a penalty of between one and three times the deposit amount. Failure to protect also prevents the landlord from relying on certain Section 8 grounds for possession. Under the Renters' Rights Act 2025 (in force from 1 May 2026), Section 21 no-fault eviction has been abolished — landlords must use Section 8 grounds for all possession claims, making deposit compliance even more critical.
What is prescribed information for a tenancy deposit?
Prescribed information is a set of documents and details that landlords must provide to tenants within 30 days of receiving the deposit. It includes: the scheme leaflet, the scheme's terms and conditions, details of the property and tenancy, the deposit amount, and information about how to apply for the deposit's return. Failure to serve prescribed information correctly is one of the most common compliance failures we see.
Can a landlord make deductions from a deposit?
Yes, but only for specific reasons: unpaid rent, damage beyond fair wear and tear, cleaning costs where the property was left in a worse condition than at the start of the tenancy, and other breaches of the tenancy agreement. Landlords must be able to evidence deductions with check-in and check-out reports, invoices and photographs. We advise on what is and is not recoverable.
What is the deposit dispute resolution process?
All three government-authorised deposit protection schemes (TDS, DPS, MyDeposits) offer a free Alternative Dispute Resolution (ADR) service. Either party can refer the dispute to ADR if they cannot agree on deductions. An independent adjudicator reviews the evidence and makes a binding decision. We advise landlords on preparing evidence bundles and submissions to maximise recovery.
Which deposit protection schemes are authorised?
There are three government-authorised schemes in England and Wales: the Tenancy Deposit Scheme (TDS), the Deposit Protection Service (DPS), and MyDeposits. Landlords must use one of these three schemes. In Wales, the same schemes apply but landlords must also be registered with Rent Smart Wales.

Related Landlord Services

Tenancy AgreementsEvictions & PossessionRent Arrears RecoveryLandlord & Tenant DisputesFixed Fees for LandlordsAll Landlord Services

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