Tenants in England often worry about what happens to their deposit when a tenancy is transferred to a new landlord or when the tenancy is assigned. This guide explains what tenants can expect, steps landlords and incoming landlords must take, and how to protect or recover a deposit under England rules. It uses clear tenant-focused language, highlights official processes for deposit protection, and shows how to escalate a dispute to the First-tier Tribunal (Property Chamber) if necessary. If you share a joint tenancy, sublet, or face an assignment without clear paperwork, the guidance here explains who should hold the deposit, what prescribed information must be given, and practical actions you can take to keep records and make a formal claim.
What happens when a tenancy is transferred?
When a tenancy moves from one landlord to another, the tenant's deposit must either be passed to the incoming landlord or returned to the tenant and re-taken by the new landlord; in all cases the deposit must be protected under a recognised tenancy deposit protection scheme and the required prescribed information supplied to the tenant.[1]
Who is responsible for the deposit?
The person who receives or holds the deposit becomes responsible for protecting it and giving the tenant the prescribed information within the statutory time limit after taking the deposit. If the original landlord transfers the tenancy and the deposit to a new owner or agent, the incoming landlord should confirm protection details in writing and show where the deposit is held.
- Ask the outgoing landlord for written confirmation and a receipt for any deposit handed over.
- Check the new landlord has protected the deposit and issued prescribed information within 30 days of receipt.
- If the deposit is not protected, request a refund or begin a dispute with the deposit scheme or apply to the First-tier Tribunal (Property Chamber) for repayment.
Official forms and where to use them
There is no single government paper form specifically named for a deposit-transfer claim; instead, tenants use the deposit protection scheme dispute process or apply to the First-tier Tribunal (Property Chamber) using the tribunal application process on GOV.UK. You should also rely on the required prescribed information (not a numbered form) that landlords must give you about where the deposit is held and how to start a dispute.[1] For legal reference on tenancy law, see the primary legislation for England listed below.[3][4]
- Prescribed information (no numbered form) — used when a landlord protects a deposit; it must include scheme name, contact details and how to apply to the scheme for dispute resolution. Example: you receive an email stating the deposit is in the DPS and showing how to start a dispute.
- Deposit scheme dispute resolution (scheme-specific process) — used when the scheme offers ADR; example: if the deposit is protected with the scheme that handled the tenancy, use their online dispute form to ask for adjudication.
- First-tier Tribunal application via GOV.UK (no single paper form name) — used when ADR fails or is not available; example: you apply online asking the tribunal to order repayment and provide evidence of non-protection or wrongful deductions.[2]
Practical steps if your deposit is at risk
Document everything: keep tenancy agreements, move-in and move-out checklists, photos, receipts, messages about the transfer, and any prescribed information you receive. If the new landlord claims they never received the deposit, show evidence of transfer or ask for a signed statement and proof where the funds went.
FAQ
- Who must protect a deposit when a tenancy is transferred?
- The landlord who receives or holds the deposit must protect it in a government-approved scheme and provide the prescribed information to tenants; responsibility can transfer to the incoming landlord from the moment they receive the deposit.
- What if my deposit is not protected after transfer?
- Ask for protection or a refund, use the tenancy deposit scheme's dispute service if available, and if that does not resolve the matter you can apply to the First-tier Tribunal (Property Chamber) for repayment and compensation.
- How long do I have to challenge deductions?
- Raise disputes promptly and keep records; while specific limitation periods may vary by claim type, delays weaken evidence and it is best to act quickly through the scheme's ADR or by applying to the tribunal.
How-To
- Gather key documents: tenancy agreement, deposit receipt, move-in photos and any messages about the transfer.
- Contact the outgoing and incoming landlords to request written confirmation of where the deposit is held.
- Check the deposit protection scheme details and start the scheme's dispute resolution if the deposit is unprotected or deductions are disputed.
- If ADR fails, apply to the First-tier Tribunal (Property Chamber) via GOV.UK and submit your evidence.
- Attend any tribunal hearing or respond to requests promptly and keep copies of all tribunal submissions.
Key Takeaways
- The landlord who holds the deposit must protect it and provide prescribed information.
- Keep thorough records at transfer: agreements, receipts and photos will help any dispute.
- Use the deposit scheme ADR first, then apply to the First-tier Tribunal if needed.
Help and Support / Resources
- GOV.UK: Tenancy deposit protection
- GOV.UK: First-tier Tribunal (Property Chamber)
- legislation.gov.uk: Housing Act 1988
- legislation.gov.uk: Rent Act 1977
