Making a claim
Letting Agent Didn't Protect Your Deposit?
Yes. Your deposit is your landlord's legal responsibility, even if they paid an agent to handle it. The claim is usually made against your landlord, and the agent who took the deposit can also be named.
Calculate What You Could ClaimFree to check · 60 seconds · No win, no fee
In Short
Yes, you can usually claim if a letting agent failed to protect your deposit. The law puts the duty on your landlord, even when an agent handles the deposit, and it also treats someone acting for the landlord as the landlord. So the claim is usually made against your landlord, and the agent can also be named. The 30-day deadline and the 1x to 3x award are the same.
Your Landlord Is Responsible
Common Agent Mistakes
- Never protecting it, each side assuming the other would
- Protecting it late, often after a handover between branches
- Sending a certificate but not the full prescribed information
- Passing it to the landlord without telling them to protect it
- Saying it is protected when no scheme has a record
Agent Closed Down? You Still Have Options
- Can still be made against the landlord
- Your tenancy agreement names them
- The Land Registry can show the owner
- Agents must have client money protection
- That scheme may help if money was lost
- Complain via the agent's redress scheme too
What To Gather
- Tenancy AgreementIt should name both the landlord and the agent.
- Proof Of PaymentA bank statement showing the deposit going to the agent.
- Agent EmailsAny messages about the deposit or a scheme.
- Check The SchemesSearch all three for your deposit.
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
- Eligibility and time limits checked
- 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
Can I Claim If The Agent Was Supposed To Protect My Deposit?
Yes, you may be able to. The deposit is your landlord's legal responsibility even when an agent handles it, so the claim is usually made against your landlord.
Can The Claim Be Made Against The Letting Agent?
Yes, it can. The law treats someone acting for the landlord as the landlord, and courts have allowed claims against agents. Your solicitor decides who to name.
My Landlord Says It Was The Agent's Fault. Does That Stop My Claim?
No. That is a matter between your landlord and their agent. Your landlord can pursue the agent to recover their losses, but it does not stop your claim.
What If The Agent Has Gone Out Of Business?
It usually does not stop your claim, because the claim is normally made against your landlord. Agents holding client money must also belong to a client money protection scheme, which may help if money was lost.
Can I Complain About The Agent As Well?
Yes. Agents in England must belong to a government-approved redress scheme. That complaint is separate from your deposit claim.
Keep Reading
Sources
- Housing Act 2004, section 212 (legislation.gov.uk)
- Housing Act 2004, section 213 (legislation.gov.uk)
- Housing Act 2004, section 214 (legislation.gov.uk)
- Claims against landlords for non-compliance with deposit protection rules (Shelter Legal)
- Client Money Protection Schemes for Property Agents Regulations 2019 (legislation.gov.uk)
- Tenancy deposit protection (GOV.UK)
Last updated 15 October 2026. General information for tenants in England only (the rules differ in Wales, Scotland and Northern Ireland). Not legal advice.