Making a claim
Shared The Deposit, Or A Parent Paid It?
You may still be able to claim. On a joint tenancy all tenants normally need to be part of it, and a parent who paid may claim too.
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In Short
On a joint tenancy you may still be able to claim if the deposit was not protected, but all the tenants normally need to be part of the claim. A tenant who will not join can usually be added as a defendant instead. If a parent or someone else paid the deposit for you, the landlord had to give them the prescribed information too, and they may be able to claim.
Who Can Bring The Claim
If A Co-tenant Cannot Or Will Not Join
- Ask Them FirstThe simplest route is everyone agreeing to be part of the claim.
- Lost Touch With Them?The court can be asked to let the claim go ahead without them.
- Still Saying No?Court rules say they are normally added as a defendant instead.
- A Solicitor AdvisesThey look at your tenancy and suggest the right route.
Parent Or Guarantor?
- Counts as a relevant person
- Should be named in the paperwork
- May be able to claim
- Not a relevant person
- Not owed the deposit paperwork
- The tenant can still claim
The Paperwork Should Name Whoever Paid
If a parent or someone else paid the deposit for you, the prescribed information should include their name and contact details. It should go to them as well as you, within 30 days. If it did not, that may be a breach. New to this? Read what a deposit claim is.
One Deposit, One Award
If the rules were broken, a court must award 1x to 3x the deposit. The sum is based on the deposit, not on how many tenants there are. See how awards are decided, claiming after you move out, or try the compensation calculator.
Here's What You Get When Working With Us
Recommended
With Free Deposit Check- Full online deposit check and analysis
- All three deposit schemes searched for you
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- Your whole case file prepared
- Matched with our specialist solicitors
- £387 court fee covered in your agreement
- With you at every step
- £0 up front and £0 if you lose (terms apply)
- Search each scheme yourself
- Work out if you qualify
- Gather and organise all the evidence
- Write the letter to your landlord
- Pay the £387 court fee up front (Help with Fees may cut it)
- Present your case to the court
- Chase your landlord for payment
- All the risk and work is on you
If you win, the solicitor's success fee (up to 25% + VAT) comes out of your compensation. The solicitor pays us for the introduction, so you never pay us anything.
Quick Answers
Do All Joint Tenants Have To Claim Together?
Normally yes. Court rules say everyone jointly entitled to the claim should be a party to it, unless the court orders otherwise.
What If My Co-tenant Will Not Join The Claim?
Court rules say they are normally added as a defendant instead, unless the court orders otherwise. If they have disappeared, the court can be asked to go ahead without them.
Do We Each Get 1x To 3x The Deposit?
Not normally. The law sets the award by reference to the deposit, not the number of tenants.
My Parent Paid The Deposit. Who Can Claim?
The law lets the tenant, or someone who paid the deposit for them under an arrangement with the tenant, apply to court. A solicitor can advise who should bring it.
Does A Guarantor Count As A Relevant Person?
Only if they actually paid the deposit for you. Guaranteeing the rent alone does not make someone a relevant person.
Keep Reading
Sources
- Housing Act 2004, section 213 (legislation.gov.uk)
- Housing Act 2004, section 214 (legislation.gov.uk)
- Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2 (legislation.gov.uk)
- Civil Procedure Rules, Part 19, rule 19.3 (Ministry of Justice)
- Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (National Archives)
- Claims against landlords for non-compliance with deposit protection rules (Shelter Legal)
- Tenancy deposit protection (GOV.UK)
Last updated 16 October 2026. General information for tenants in England only (the rules differ in Wales, Scotland and Northern Ireland). Not legal advice.