If you are a renter in Wales and moving between tenancies, "deposit passporting" means transferring or ensuring your deposit protection follows you or is properly handled when a new tenancy begins. This guide explains when passporting is possible, what documentation tenants should request, and what to do if a previous deposit was not protected correctly. Practical steps cover communicating with landlords, checking tenancy deposit protection, and preparing evidence for dispute resolution so tenants can protect their money and avoid unnecessary deductions or delays.
What deposit passporting means for tenants in Wales
Deposit passporting usually refers to the process where a deposit already held and protected for one tenancy is transferred or recognised when a tenant moves into a new tenancy with the same landlord or agent. It is not an automatic statutory right in every case: passporting depends on agreement between the parties and correct deposit protection steps being followed. Where a deposit is not protected or prescribed information was not given, a tenant may have remedies.
When passporting is possible
Use this checklist to see if passporting is an option for your situation.
- Your deposit is already protected and the scheme can transfer or re-register it for the new tenancy.
- The original and new tenancy agreements are with the same landlord or agent and they agree to the transfer.
- All required prescribed information was provided at the start of the original tenancy; if not, you may have extra remedies against the landlord.
Official forms tenants may need
Knowing the correct form name and number helps if you must make a legal claim. Examples below show when a tenant might use each.
- Form N1 (Claim form): used to start a money claim in the County Court. Example: a tenant seeks repayment of an unlawfully withheld deposit under a civil claim after internal dispute resolution fails.[3]
- Form N5 (Claim form for possession): used when landlords seek possession; tenants may need to respond if a possession claim links to deposit disputes or retaliatory actions.[4]
Practical steps to prepare for passporting
Before you move, collect the records and evidence that show the deposit was protected and how it was handled.
- Ask for written confirmation of the deposit scheme reference and the prescribed information from your current landlord or agent.
- Check the deposit protection scheme website or your paperwork to confirm the deposit amount and who is authorised to manage it.[1]
- Get any landlord or agent agreement to transfer or re-register the deposit in writing so the new tenancy can reference that agreement.
What to do if the deposit was not protected
If your previous landlord failed to protect the deposit or did not supply prescribed information, you can pursue remedies. Start by asking the landlord to correct the protection or return the deposit; if they refuse, you can raise a formal claim for compensation or repayment.
FAQ
- Can my deposit be moved automatically between two tenancies?
- Not automatically; passporting requires agreement and correct protection steps. If the landlord agrees, the deposit can be re-registered or transferred but only with proof and the right paperwork.
- What if the landlord refuses to transfer or protect the deposit?
- If a landlord refuses, you should request written refusal, preserve all evidence and consider a claim for the deposit or compensation under civil procedures or a tribunal depending on the circumstances.
- Who hears disputes about deposits in Wales?
- Deposit and tenancy disputes may be resolved by the County Court or the First-tier Tribunal (Property Chamber), depending on the issue and the remedy sought; the tribunal handles certain residential property matters and the county court deals with civil claims.
How-To
- Contact your current landlord or agent in writing to request confirmation the deposit is protected and whether they will transfer or re-register it for the new tenancy.
- Verify the deposit scheme reference and protection details in writing and save screenshots or copies of any confirmation.[1]
- Ask the new landlord to accept a transfer or re-registration in writing and obtain an agreement that records the deposit amount and scheme reference.
- If the landlord will not cooperate, consider starting a formal claim in the County Court (Form N1) or seeking tribunal help depending on the remedy you need.[3]
- Keep all evidence—receipts, emails, tenancy agreements and prescribed information—so you can support any claim or dispute resolution.
Key Takeaways
- Always confirm deposit protection details in writing before moving to a new tenancy.
- Document communications and keep receipts to support any dispute or claim.
- If a landlord refuses to cooperate, you can use civil claims or tribunal routes to seek repayment or compensation.
Help and Support / Resources
- Tenancy deposit protection - GOV.UK
- How to claim your deposit back - GOV.UK
- Form N1 (Claim form) - GOV.UK
- First-tier Tribunal (Property Chamber) - GOV.UK
