If your landlord didn’t follow the deposit rules

You could get back 1 to 3 times the amount you paid if your landlord didn't:

• protect your deposit at the right time

• protect your deposit at all

• give you the 'prescribed information' - this is information your landlord must have given you, including details about the property and your deposit

• give you the prescribed information at the right time

You can find out when your deposit needed to be protected and when you should have got the prescribed information. It'll depend on when you paid your deposit to your landlord.

You'll need to take your landlord to court to get compensation. You should win your case if your landlord didn't follow the rules when you paid your deposit.

You could get back 1 to 3 times the amount you paid if your landlord didn't:

• protect your deposit at all

• give you the 'prescribed information' - this is information landlords must give contract holders, including details about the property and your deposit

• meet the initial requirements of the deposit protection scheme

You can find out when your deposit needed to be protected and when you should have got the prescribed information. It'll depend on when you paid your deposit to your landlord.

You'll need to take your landlord to court to get compensation. You should win your case if your landlord didn't follow the rules when you paid your deposit.

It might be best to wait until the end of your contract to take your landlord to court.

You can't be evicted with a no fault notice if your:

• deposit isn't protected properly

• landlord hasn't given you the prescribed information in the correct way

This means you're better off waiting until you're ready to end your contract before you take your landlord to court.

If you take your landlord to court before your contract ends, the court might order them to protect your deposit and give you the prescribed information. You might still get compensation.

Once your deposit is protected and the prescribed information given, your landlord could start the eviction process by giving you a no fault notice. Find out more about getting a no fault notice.

Talk to an adviser if your contract hasn't ended and you're not sure whether to take your landlord to court.

You'll need to print and fill in form N208 on GOV.UK.

Write on your form that you're making a claim 'under S213-214 of the Housing Act 2004 (non-compliance with the Tenancy Deposit Scheme)'.

You should also explain your situation and tell the court why you're making the claim.

You can write on the form that you want interest to be added to your claim - if you win, the court will decide how much interest you get.

You can also claim any costs you've had to pay, or will have to pay - for example travel costs to get to court.

You also need to write a statement about your situation and send it with your claim form - this is called a witness statement. You can explain your situation in more detail in a witness statement.

Your witness statement can be used in court, so it's your opportunity to write down everything you want the court to know about your situation.

Make sure you explain things like:

• when you paid your deposit

• if you reminded your landlord to protect your deposit or give you the prescribed information

• if your landlord refused to protect your deposit or give you the prescribed information

You can find out more about what to write on a witness statement on the Justice website.

You should also get any evidence you can and send it to the court, for example:

• a copy of your tenancy agreement

• a receipt for your deposit

• any letters you've written to your landlord asking them to protect your deposit or give you the prescribed information

Keep a copy of your form and the witness statement - you'll need to talk about what you've written in court.

Talk to an adviser if you need help to fill out the form or write your witness statement.

You can either:

• make a claim online using the Money Claim Online service on GOV.UK

• print and fill in form N1 on GOV.UK - write that you're making a claim ‘under Schedule 5 of the Renting Homes (Wales) Act 2016 regarding Deposit Schemes’

You should also explain your situation and tell the court why you're making the claim.

You can write on the form that you want interest to be added to your claim - if you win, the court will decide how much interest you get.

You can also claim any costs you've had to pay, or will have to pay - for example travel costs to get to court.

You should also write a statement about your situation and send it with your claim form - this is called a witness statement. You don’t have to write a witness statement, but it can help you explain your situation in more detail.

Your witness statement can be used in court, so it's your opportunity to write down everything you want the court to know about your situation.

Make sure you explain things like:

• when you paid your deposit and how much

• why you’re taking your landlord to court

• if you reminded your landlord to protect your deposit or give you the prescribed information

• if your landlord refused to protect your deposit or give you the prescribed information

You can find out more about what to write on a witness statement on the Justice website.

You should also get any evidence you can and send it to the court, for example:

• a copy of your written statement

• a receipt for your deposit

• any letters you've written to your landlord asking them to protect your deposit or give you the prescribed information

Keep a copy of your form and the witness statement - you'll need to talk about what you've written in court.

Talk to an adviser if you need help to fill out the form or write your witness statement.