Helpful Tips Tenancy Management

Forum Spotlight – Giving deposit back that has not been protected

Victoria Barker
Written by Victoria Barker

It’s 10 years since the first tenancy deposit schemes were introduced in the UK, and members frequently post their questions on tenancy deposits on our forum 

Five years ago the RLA launched its DepositGuard service with TDS, which offers RLA landlord members deposit protection at discounted rates, in partnership with the Tenancy Deposit Scheme.

In this week’s Forum Spotlight we take a look at a query about protecting tenancy deposits.

The issue

The landlord had an issue where a tenant had moved into a property ten days ago, and had suddenly lost their job meaning that they wanted to move out of the property in the following three days.

The landlord had taken a deposit from the tenant, however this had not been protected in a scheme, for example DepositGuard.

The landlord in this case was happy to cancel the agreement, because the tenant has not paid any rent yet. They planned to give the tenant the deposit back, but wanted to deduct from this the two week’s rent the tenant hadn’t yet paid, ensuring the tenant signed a disclaimer for this.

The landlord wanted to know whether he is liable for not protecting the deposit, and whether they should protect it asap, and then make the tenant claim it back through a scheme.

The solution- response from our Landlord Advice Team

The landlord in this case is not liable for not protecting the deposit, because they have 30 days to do this. There is no problem asking the tenant to sign a disclaimer explaining any deductions the landlords wishes to hold back.

Want to learn more? The RLA run an online course for landlords which is designed to navigate the complex laws on deposits. You can also check out our Quick Quiz on tenancy deposits, and read the original forum post 

For more information:

About the author

Victoria Barker

Victoria Barker

Victoria is the Communications Officer for the RLA.

She is responsible for producing articles for our Campaigns and News Centre, the weekly E-News newsletter and media review, and creating social media content. She also contributes to our members magazine, Residential Property Investor.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.