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is my deposit protected?

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193 views 2 replies latest reply: 28 April 2016


My landlord has issued a section 21 on my home. I have lived here for 18 years and this came as a bolt out of the blue. The property is being redeveloped.

I understand that the only way to fight a s21 is if my deposit is not secured with a protection agency. The landlord attempted to secure my deposit but gave the wrong address – another flat in the building, the wrong amount – I have a letter admitting that they basically made the amount up and used a tennancy agreement that I have never signed – forged in other words.  They will not give me a copy of this agreement. I have two questions firstly are deposit protection agencies covered by the Data Protection Act and can I request copies of everything they have on file? The same with my landlord? And lastly given it’s for the wrong address, the wrong amount and based on forged papers is my deposit protected or can I use this as grounds to fight the section 21?

Many thanks for any advice you can give



Hi Anna

You should seek legal advice in this matter as I am not sure what laws apply to a tenancy of this length and whether this law applies retrospectively to you.

That said, you can contact the 3 deposit regulators, and they are obliged to confirm if there is a depoosut registered with them against your name or the property you live in. They are TDS, DPS and TDSL.

I would also recommedn talking to your Landlord. After 18 years at a property it is not suprising they have plans for the property. It would be a shame to tear apart a relationship of this length, talking may resolve this issue by agreeing to a more reasonable timeframe for you to vacate.

Please keep us posted with how you progress with this as I am intrigued myself!?


Hi Anne, 

I would definiely recommend seeking legal advice to find out exactly what your tenant rights are surrounding your deposit. Any company such as should be able to help you. A lot of these companies also offer a no obligation discussion just so you can get a feel about what the next step may be. 

I hope this helps and this issue gets sorted soon! 


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