Over the years we have answered thousands of tenancy deposit claim questions from worried tenants. Most boil down to the same core concerns: do I have a claim, how much could I get, and how do I start? This capstone brings together the 15 questions tenants ask us most, with clear, honest answers. Think of it as a complete deposit protection FAQ – and, at the end, a simple checklist for how to start a deposit claim of your own.
The basics
1. What is deposit protection, and why does it matter?
When you pay a deposit on most private tenancies, your landlord must put it in a government-authorised scheme (DPS, MyDeposits or TDS) within 30 days and give you certain written details (the “prescribed information”) within the same 30 days. It matters because if they don’t, you can claim compensation – and get your deposit back too. Our beginner’s guide to deposit protection basics explains it in full.
2. How do I know if my deposit was protected?
You can check directly with the three schemes using your name, the property address and the tenancy dates. If none holds your deposit, it may never have been protected. Our guide on how to check if your deposit was protected walks you through it.
3. What is the “prescribed information”?
It is a set of written details the landlord must give you: the deposit amount, the scheme’s contact and dispute details, the landlord’s details, and the circumstances in which the deposit may be kept. Leaving parts out can itself be a breach, even if the money was protected.
Do I have a claim?
4. My deposit was protected late – can I still claim?
Often yes. The duty is to protect it within 30 days. Protecting it late, or after the tenancy ended, can still be a breach that entitles you to compensation.
5. I got my deposit back in full – is it too late?
No. Getting your deposit back does not cancel a claim for the landlord’s failure to protect it or to serve the prescribed information. You can still pursue compensation.
6. I’ve already moved out. Can I claim?
Yes. You generally have up to six years from the breach to bring a claim, so former tenants very often still have time.
7. I never had a written tenancy agreement. Does that stop me?
Usually not. The protection rules apply whether or not the tenancy was in writing. Bank statements and scheme records can establish the facts instead.
How much, and how long?
8. How much compensation could I get?
The court can order the landlord to pay you between one and three times the deposit per breach, plus return of the deposit. The exact multiplier is at the court’s discretion, based on how serious the failure was.
9. What decides whether I get 1x or 3x?
The court weighs the seriousness of the breach and the landlord’s conduct. A flagrant or repeated failure tends toward the higher end; a minor, quickly corrected slip toward the lower. Each case is judged on its facts.
10. How long does a claim take?
It varies. Many claims settle without a full court hearing once the landlord receives a well-evidenced letter from solicitors. Others take longer if contested. We keep you updated at each stage – see how the claims process works.
Cost, risk and getting started
11. What does it cost me?
Cook Legal works on a no-win-no-fee basis. You pay nothing up front, and nothing if the claim doesn’t succeed. If you win, our success fee is capped at 25% of the compensation recovered.
12. Is there any risk in claiming?
For most tenants the risk is low, which is the point of no-win-no-fee. We assess your case before proceeding and explain any risks clearly and in plain English before you commit to anything.
13. Should I use a claims company or a solicitor?
A claims company may sign you up and pass your case to a panel solicitor. Instructing a solicitor directly removes that middle layer – you deal with regulated lawyers throughout. We compare the two routes in detail in our guide on choosing who runs your claim.
14. Can my landlord punish me for claiming if I’m still renting?
Since 1 May 2026, the Renters’ Rights Act 2026 has abolished Section 21 “no-fault” evictions, so landlords can no longer evict simply to retaliate. They must use Section 8 grounds and proper process – and possession is generally barred under most grounds where the deposit wasn’t properly protected. In short, the law gives you stronger protection than before.
15. How do I start a deposit claim?
The easiest first step is a free deposit check. You tell us a few basic details, we help confirm whether the rules were broken, and we explain your options – with no obligation. That is genuinely all it takes to learn how to start a deposit claim. Our overview of what to expect when you get in touch sets out the journey.
Your deposit claim checklist
- Find proof you paid the deposit – a bank statement is ideal.
- Note the property address and tenancy dates.
- Check the three schemes (DPS, MyDeposits, TDS) for your deposit.
- Look for any prescribed information you were given – or weren’t.
- Don’t worry about gaps – bring what you have.
- Get a free deposit check and let solicitors take it from there.
Frequently asked questions
Do I need all my paperwork before I call?
No. Bring what you have. We can obtain confirmation from the deposit schemes and help fill any gaps.
Will I have to go to court in person?
Often not. Many claims settle before any hearing. If a hearing is needed, we guide and represent you throughout.
How quickly should I act?
Deposit claims allow up to six years, but evidence is easier to gather sooner, and related claims (like Rent Repayment Orders) have much shorter deadlines. It is best not to delay.
This article is general information, not legal advice. For advice on your own situation, contact Cook Legal Solicitors for a free deposit check.
Still have a question we haven’t answered? Ask the solicitors directly. Cook Legal Solicitors offer a free, no-obligation deposit check on a no-win-no-fee basis, with our success fee capped at 25% of any compensation. Call 0151 665 0320 today and find out where you stand.
