UK law mandates that any tenancy deposit paid must be protected within 30 days under one of three statutory schemes: The Deposit Protection Service (TDS), DPS, or MyDeposits. Non-compliance—or failure to issue prescribed information—gives you a legal claim to recover 1–3 times the deposit amount, even if the landlord later protects it.
The three schemes explained
| Scheme | Prescribed Info Issued | Dispute Resolution | Timescale to Claim | Coverage |
|---|---|---|---|---|
| TDS | Within 30 days | Independent adjudication | 6 years | England, Wales, Scotland, NI |
| DPS | Within 30 days | Independent adjudication | 6 years | England, Wales, Scotland |
| MyDeposits | Within 30 days | Independent adjudication | 6 years | England, Wales, Scotland, NI |
All three offer equal legal protection. Your landlord or letting agent chooses which scheme; you cannot select it yourself. However, you have the right to know which scheme is being used and receive written prescribed information (the Protection Certificate) within 30 days.
What happens to your deposit?
Your deposit (capped at five weeks’ rent for tenancies starting 2022 onwards) is held by the scheme in a protected account. The landlord cannot touch it. At the end of the tenancy, you and the landlord agree on deductions for damage, unpaid bills, or broken terms. If you disagree, the scheme arbitrates at no cost.
A 2024 UNILINK survey (2,100 international students, April–July) found 34% of tenants did not receive prescribed information from their landlord within 30 days. Of those, 18% later discovered deposits were unprotected entirely. This is a breach: you are entitled to compensation.
Legal deductions allowed
Landlords may legally deduct:
- Unpaid rent or council tax (if you were liable).
- Cleaning costs: only if the property is filthier than when you arrived (not normal wear). Carpet cleaning might cost £100–£400; deep cleans £300–£800.
- Damage beyond normal wear: broken windows, holes in walls, carpet stains that won’t come out, missing appliances.
- Broken tenancy terms: late rent payment fees (if stated in the contract), replacement locks (if you lost the key).
Landlords cannot deduct for:
- Missing light bulbs (normal replacement).
- Minor scuffs or carpet dents from furniture.
- Faded paint or worn-out flooring (normal wear).
- Damage caused by landlord negligence (e.g., burst pipe due to poor insulation).
If your landlord withholds money unfairly
Step 1: Request an itemized breakdown in writing. Landlords must provide this within 10 working days (TDS/DPS/MyDeposits terms). If they refuse or the deductions seem inflated, move to Step 2.
Step 2: File a dispute with the scheme. You’ll provide your evidence (photos, emails, correspondence); the landlord provides theirs. An independent adjudicator reviews both sides and issues a binding decision within 4–8 weeks (usually free for tenants).
Step 3: If you win, the scheme releases your full deposit or the adjudicated amount. The landlord must pay within 10 working days.
Cost of disputes
All three schemes offer free dispute resolution for tenants. Landlords do not pay adjudication fees (schemes absorb the cost as part of their statutory role). This makes filing a claim risk-free financially.
However, disputes can feel stressful and time-consuming. Many international students understandably want to avoid them. Document everything from day one: inventory photos, condition reports, email confirmation of the protected scheme, and photos of the move-out state.
Prescribed information: what you must receive
Within 30 days, your landlord or agent must provide:
- The protected scheme’s name and contact details.
- The scheme’s alternative dispute resolution contact (usually ombudsman).
- Your prescribed information leaflet (explains your rights and the scheme’s process).
- Your Protection Certificate (proves the deposit is protected under that scheme).
- The prescribed information must be in writing; verbal confirmation is insufficient.
Keep these documents throughout your tenancy. If you lose them, you can request copies from the scheme directly (they have records).
What if the deposit is never protected?
This is a serious breach. You can claim compensation even years after the tenancy ends (within six years). Compensation is the deposit amount multiplied by 1–3 times, usually 3x. If you paid £500 and it was unprotected, you could claim £1,500.
Many international students don’t know this. If you suspect your deposit was not protected:
- Check the scheme’s website and enter your name/property address.
- Contact the scheme directly (free) to confirm.
- If unprotected, file a small claims court case or contact Shelter for help.
Common questions
Q: Can I change the scheme mid-tenancy? A: No. Once the deposit is protected under a scheme, it remains there until the tenancy ends.
Q: What if my landlord loses my deposit? A: The scheme is liable, not you. The scheme will pay out your full deposit from insurance.
Q: Can my landlord hold the deposit if I don’t return the keys? A: No. Withholding a deposit for unreturned keys is illegal. The keys are separate from the deposit.
Q: Do PBSA providers use the same schemes? A: Yes. All PBSA providers (Unite, IQ, Sanctuary, Fresh) must comply with statutory protection rules.
Sources
- The Deposit Protection Service (TDS): Official guidance and claims
- DPS and MyDeposits: Scheme information and dispute procedures
- GOV.UK: Tenancy deposit protection requirements
- Shelter: Tenant rights and deposit disputes
- UKCISA: Renter protections for international students
Last updated: 2025-03.