The deposit does not have to be returned to the tenant on the day they leave the accommodation, however the landlord must return the deposit promptly. Deposit Not Protected Within 30 Days. the deposit first returned in full, then a new tenancy drawn up, then the deposit retaken and protected. Although there is no obligation to protect the deposit in an authorised scheme, a section 21 can not be served unless the deposit is protected or repaid. Strictly speaking the T should have claimed for deposit non-protection via full County Court process, but many are decided now by … Tenant Obligations for the Return of the Deposit. The deposit for the original tenancy was received before 6th April 2007 AND the fixed term of the tenancy expired before 6th April 2007. 3 Brits lost over £1 billion last year in unclaimed security deposits … In some cases where the deposit was returned but not protected, you could still be able to take action against your current or former landlord. As well as repaying deposits to tenants, landlords in England and Wales could also be required to place deposits into a specially protected scheme backed by the government. Where the deposit either hasn’t been protected at all, or wasn’t protected within 30 days, then, no section 21 notice may be served until a new procedure is followed as described in the newly added sub-section 2A of section 215 Housing Act 2004. It is the landlord’s responsibility to lodge the money in a suitable scheme and give the tenant details of the scheme. Properly deposit a security deposit in a bank account separate from the landlord's funds and protected from creditors; 45 Transfer a security deposit to a new owner; or Return the security deposit or balance that you have a right to within 30 days of the end of your tenancy. Deposit protection schemes are the law. Time should be allowed for an inspection at the end of a tenancy, and for any repairs/ cleaning to be carried out. Some feel that if T did not suffer financial risk and this was LL's only transgression, the min 1x deposit is fair since deposit already returned in full. That would be clearer that the deposit was returned in full thus allowing the future service of a section 21 notice. If your deposit is properly protected and you've been a good tenant, then all of that deposit is yours by law. Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected. Now, a section 21 notice may only be served if: 46 Check your landlord has protected your deposit if you're not sure. The deposit paid by the tenant at the start of a tenancy, typically equivalent to a month’s rent, now has to be paid into a deposit protection scheme at the outset of the tenancy. Deposit Protection Service Telephone: 0330 303 … If your deposit should be protected but isn't, you might be able to claim compensation of 1-3 times the amount. 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