Does my security deposit need to be protected?

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There are 3 main types of tenancy agreement listed below. It is normal to pay a tenancy security deposit for all of them. Your landlord or letting agent does not have to register your deposit in a government approved deposit protection scheme unless it is an Assured Shorthold Tenancy (AST).

If you are unsure what type of tenancy agreement you have, our trained professionals can review your agreement and tell you.

Assured Shorthold Tenancy (AST)

This is the most common type of tenancy agreement. They grant you exclusive occupation of your property or room inside a property. An AST grants the greatest level of rights and tenant protection in law of this section. If you pay a tenancy security deposit, your landlord must register your security deposit or bond in a government approved deposit protection scheme.

If your landlord or letting agent has protected your tenancy security deposit or bond in a government deposit protection scheme, then you can start a free dispute online if you do not agree with the deductions your landlord or agent wishes to make. Please see: Alternative dispute resolution for tenancy deposit and bond disputes

Alternative Dispute Resolution for tenancy deposit (ADR)

Guide to submitting evidence when you have a tenancy deposit dispute with your landlord or letting agent

If your landlord or letting agent has not protected your tenancy security deposit or bond in a government deposit protection scheme, please call us on 020 3476 6648 so one of our certified tenant advisors can give advice personalised to your situation. You can also read our page on Unprotected or unregistered tenancy security deposits or bonds

License Agreement

If you are staying somewhere without a fixed term, and you have services like cleaning or breakfast provided, then you have a license agreement. Your tenancy security deposit or bond does not have to be protected in a deposit protection scheme. However, this doesn’t mean that they can keep your tenancy security deposit or bond. It may be that Justice For Tenants can speak to your landlord or letting agent and get the deposit back for you, or you may need to take your landlord or agent to Small Claims Court for Lodgers and Licensees.

Lodger Agreement

If you are living in a room, in a property that you share with the landlord, and you don’t have a lock on your door, then you are likely a lodger. Your tenancy security deposit or bond does not have to be protected in a deposit protection scheme. To get your deposit back you may need Justice For Tenants to speak to your landlord, or you may need to take your landlord to Small Claims Court for Lodgers and Licensees.


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