Deposit complaints tend to be either about protection (was the deposit protected properly and on time?) or about deductions at the end of the tenancy. They carry real financial risk, so the facts need to be right.
Protection and prescribed information
For assured shorthold tenancies in England, section 213 of the Housing Act 2004 requires a deposit to be protected in a government-authorised scheme, and the tenant to be given the prescribed information about the protection, within 30 days of the deposit being received.
If this isn't done, section 214 allows the tenant to apply to court, which can order the deposit to be protected or repaid and must order a payment of between one and three times the deposit. Section 215 restricts the landlord's ability to seek possession while the requirements aren't met. The rules on possession notices are changing under the Renters' Rights Act 2025, so check which version applies to the dates in the complaint.
Deductions at the end of a tenancy
Disputes about deductions are usually resolved through the protection scheme's free dispute resolution service, where the landlord needs evidence to justify each deduction: the check-in inventory, the check-out report, photos, and invoices or quotes. Fair wear and tear can't be charged for.
The deposit cap
The Tenant Fees Act 2019 caps deposits for most tenancies: five weeks' rent where the annual rent is under £50,000, and six weeks' where it's £50,000 or more. A deposit above the cap is a prohibited payment.
Records to pull
- The date the deposit was received and the amount.
- The protection certificate, the scheme and the date of protection.
- The prescribed information, and proof and date of service.
- Inventory, check-in and check-out reports, photos.
- Any deduction proposal and the evidence for each item.
Answering it
Deal with the dates first: when received, when protected, when the prescribed information was served. If there was a failure, take advice: the court penalty is mandatory once a breach is established.
Casebriar separates a tenant complaint into its issues, checks the legal claims it covers against legislation.gov.uk and lists the records you’ll need. It’s in a free pilot with letting agents in England.
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- LawHousing Act 2004, s.213 (requirements relating to tenancy deposits)
- LawHousing Act 2004, s.214 (proceedings relating to tenancy deposits)
- LawHousing Act 2004, s.215 (sanctions for non-compliance)
- LawTenant Fees Act 2019, Schedule 1 (permitted payments, including deposit caps)
- GuidanceGOV.UK: tenancy deposit protection