Is My Deposit Protected in Wales? What To Do If Not

If you're renting a home in Wales, your landlord must protect your deposit in a government-approved tenancy deposit scheme. But what if your deposit isn’t protected? This article explains your rights, what steps you can take, and how to seek help if your landlord hasn’t met their legal obligations in Wales.

Your Deposit Protection Rights in Wales

In Wales, landlords are legally required to protect your tenancy deposit within 30 calendar days of receiving it. This is set out in the Housing Act 2004 and updated under the Renting Homes (Wales) Act 2016. They must use one of three government-backed schemes and provide you with key information (known as 'prescribed information').¹

• Deposit Protection Service (DPS)
• mydeposits
• Tenancy Deposit Scheme (TDS)

This protection gives you peace of mind that your deposit is safe and helps to resolve disputes at the end of your tenancy.

How to Check if Your Deposit Is Protected

Your landlord must give you written details about which scheme is protecting your deposit within 30 days. You can also check online by contacting each scheme using your tenancy postcode.

Red Flags Your Deposit Might Not Be Protected

• You haven’t received any deposit paperwork from your landlord or agent within 30 days.
• None of the schemes confirm your deposit when you check their registers.

If your deposit isn’t protected, you have important rights as a renter in Wales.

What Can I Do If My Deposit Isn’t Protected?

Your landlord is breaking the law if your deposit is not protected.

• Speak to your landlord or agent: Politely ask for the scheme details and evidence of deposit protection.
• Gather evidence: Keep copies of your tenancy agreement, bank statements, and any communications with your landlord or agent.
• Apply to court for compensation: You can claim compensation of 1–3 times the deposit amount.

How to Claim Compensation

If your deposit is not protected, you can use the official court process. For most tenants, this involves making a claim in the county court. The court can order your landlord to:

• Pay you compensation (1–3 times your deposit)
• Return your deposit in full

The relevant form is the N208: Claim form (Part 8):

• Form name/number: N208: Claim form (Part 8)
• How it's used: You use this form to start legal proceedings for breaking deposit protection rules. For example, if your landlord cannot prove your deposit is protected, you complete this form and submit it to the county court.
• Download the N208 claim form from GOV.UK

Can the Tribunal Help?

In Wales, disputes about tenancy deposits are handled by the county court, not a separate housing tribunal. However, if your deposit is protected but you disagree with deductions at the end of the tenancy, each scheme offers a free dispute service. Learn more on the official government disputes page.²

Other Effects of an Unprotected Deposit

If your tenancy deposit isn’t protected, it may also affect eviction notices. For example, your landlord usually cannot use a no-fault notice (“section 21 notice”) until the deposit is protected and the prescribed information is served.³

If You’re Facing Eviction

If you’re given notice to leave but your deposit wasn’t protected, you may have grounds to challenge the eviction. Get free advice from local councils or from Shelter Cymru.

1. What should I do if my landlord cannot prove my deposit is protected in Wales?
   Your landlord is required by law to provide details of your deposit protection within 30 days. If they cannot, gather your tenancy evidence and consider making a claim in county court using the N208 form for compensation.
2. Is there a time limit to claim if my deposit was not protected?
   You can make a claim at any point before your deposit is returned, or within six years if you believe your deposit was unprotected during your tenancy.
3. Can I still get help with deposit disputes in Wales if the scheme wasn’t used?
   If your landlord never used a deposit scheme, you cannot access the scheme’s free dispute resolution. Instead, you must use the county court system to seek compensation.
4. What if my deposit is protected but I didn’t get prescribed information?
   This is still a legal breach. You could still be entitled to compensation, as landlords must provide you the scheme details and other prescribed information.
5. Who handles deposit disputes in Wales?
   Deposit disputes are managed through the county courts if your deposit isn’t protected, and by the tenancy deposit schemes themselves for end-of-tenancy deduction disagreements. For further information, see Ending a tenancy: disputes and deductions.

Summary: Key Takeaways for Renters

• Your landlord must legally protect your deposit using an approved scheme in Wales.
• If your deposit isn’t protected, you can ask for compensation using form N208 in the county court.
• Lack of deposit protection could make some eviction notices invalid. Always seek advice if you’re worried.

If you’re unsure about your deposit or need further support, there are official resources to help you understand your rights and next steps.

Need Help? Resources for Renters in Wales

• Welsh Government: Renting Homes Guidance
• Shelter Cymru: Free advice for renters
• GOV.UK: Tenancy Deposit Protection
• N208 Claim Form (Part 8) for court
• Citizens Advice Cymru: Deposit advice

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1. Housing Act 2004, Part 6, Chapter 4 (Tenancy Deposit Schemes)
2. GOV.UK – Tenancy deposit disputes and deductions
3. Housing Act 2004, Section 215 (Restrictions on Termination)

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