Moving a tenancy in Northern Ireland can raise questions about what happens to your deposit, especially if you want it moved from one tenancy to the next without asking for a repayment first. Passporting a deposit means transferring the same security deposit from the end of one tenancy into the new tenancy so the money remains protected. This guide explains how passporting works under Northern Ireland law, what to ask your landlord or agent, the paperwork you should get, and what to do if a dispute arises. It’s written for tenants and renters who want clear, practical steps to protect their money and avoid unnecessary delays when changing homes.
How passporting works
Passporting a deposit lets the same deposit remain held as security when you move directly between tenancies, rather than the outgoing landlord repaying you and you paying the new landlord again. The Private Tenancies Act (Northern Ireland) 2022 sets out tenancy rules and deposit protection duties relevant to passporting; check the Act for legal details and definitions [1].
What to ask and paperwork to get
Ask for clear, dated confirmation so there is no gap in protection and to reduce the chance of later dispute. The following documents are useful to request and keep.
- Get written confirmation that the outgoing landlord will transfer the deposit and give the receiving landlord or agent the scheme reference.
- Request the deposit protection scheme name, the reference number and the date the protection continues from.
- Keep dated receipts, an inventory and photos or videos of the property condition as evidence when you move out and into the new tenancy.
If your landlord refuses to passport the deposit
If the outgoing landlord will not passport the deposit, ask for a written reason and a proposed timeline for repayment. You can raise a dispute through the tenancy deposit protection scheme or, if the matter cannot be resolved, apply to the First-tier Tribunal (Residential Property) for a decision on the deposit and any related claims [2][3].
Official forms and practical examples
Below are the main official processes and the forms or submissions tenants commonly use. Read the linked official pages for current application steps and fees.
- Application to the First-tier Tribunal (Residential Property) (application form): used when parties cannot agree on the deposit outcome. Example: you tried to get the deposit passported, the outgoing landlord repaid a smaller amount citing damage, and you want the Tribunal to decide. See the Tribunal application guidance and form [3].
- Deposit scheme dispute form (provider dispute resolution): used to ask the deposit scheme to decide how the deposit should be allocated where the landlord and tenant disagree. Example: the deposit was passported but the new landlord later says the outgoing landlord failed to account for deductions and you need the scheme to resolve it. See the scheme dispute process guidance [2].
Filing a dispute and evidence to prepare
When you start a dispute you should provide clear, chronological evidence showing the deposit payments, the passporting confirmation (if any), condition reports, and communication with both landlords or letting agents.
- Gather receipts, bank transfers or statements showing the deposit payment and any transfer between landlords.
- Include dated photos or inventory reports from move-out and move-in to support or rebut damage claims.
- Keep copies of all written communications and any formal notices about the deposit or tenancy end dates.
FAQ
- Can my deposit be passported to a new tenancy?
- Yes. If both landlords and the receiving scheme agree, the deposit can be transferred so protection continues without repayment to the tenant.
- What if the outgoing landlord already returned the deposit?
- If you accepted repayment you normally must pay the new landlord a fresh deposit; if repayment was made in error, raise the issue immediately and keep records to support any later dispute.
- How long will a dispute take?
- Times vary by scheme and tribunal caseload; schemes often resolve quicker, while a tribunal hearing can take longer and has strict deadlines for filing evidence.
How-To
- Serve a written request to the outgoing landlord asking them to transfer the deposit and provide the scheme reference.
- Get the receiving landlord to confirm the deposit protection scheme name and reference number.
- Keep dated records: photos, inventory, receipts and emails as evidence of condition and payments.
- If transfer is refused, start a dispute with the deposit scheme and, if needed, apply to the First-tier Tribunal (Residential Property).
- Meet any deadlines for applications and keep copies of all submissions.
Help and Support / Resources
- [1] nidirect: Deposits and tenancy agreements
- [2] Private Tenancies Act (Northern Ireland) 2022
- [3] First-tier Tribunal (Northern Ireland) - courts and tribunals guidance
