# Can I get my deposit back if my landlord never protected it when my contract rolled over?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-11-03
- Last updated: 2026-11-03
- Canonical: https://lawasked.com/uk/tenancy-law/can-i-get-my-deposit-back-if-my

## Question

I am living in a flat in England and I am having a bit of a nightmare with my landlord. I originally signed a fixed-term tenancy agreement back in early 2006, and I paid a security deposit of £850 at the start of that term. My initial contract was supposed to end in 2007, but instead of signing a new one, it just rolled over into a month-to-month arrangement. I have been living here for many years now on this rolling basis. I recently realised that my landlord never actually put my £850 into a government-approved protection scheme or gave me the proper paperwork regarding where the money is being held. I have already sent a polite email asking for proof that the money is protected, but he has just ignored me and said he doesn't see why it matters since he's held the cash safely in his own bank account all this time. Since my original agreement started before the major changes in April 2007 and has just continued as a periodic tenancy, I am unsure if I am still entitled to claim compensation for the fact that he failed to follow the rules about protecting my deposit during the transition from the fixed term to the rolling period.

## Summary

Yes, you likely have a claim for compensation. Because your deposit was paid before April 2007 and transitioned into a rolling (periodic) tenancy without being protected, the landlord's failure to follow protection rules applies to your current arrangement.

## Analysis

Your situation is covered by specific rules regarding deposits that were paid before the law changed in April 2007. You paid your £850 deposit in early 2006 during a fixed-term tenancy (a contract for a set period of time). When that term ended in 2007, your arrangement became a periodic tenancy, which is a 'month-to-month arrangement' where the contract continues automatically [1]. 

Under the law, if a deposit was received before 6 April 2007 and then held during a periodic tenancy, the landlord must comply with the rules for protecting that deposit [1]. The law states that if the landlord has not followed the rules regarding the deposit held in connection with the periodic tenancy, certain requirements apply [1]. Specifically, the law applies to cases where "the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy" [1]. This means your landlord's claim that he can simply hold the cash in his own bank account is not legally sufficient; he was required to use a government-approved scheme.

Furthermore, if you had entered into a brand new tenancy agreement instead of a rolling one, the rules for deposits received on or after 6 April 2007 would apply [2]. In such a case, the law requires that when a new tenancy comes into being, the deposit must be held "in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with" [2]. Since your landlord has ignored your request and failed to provide proof of protection, he appears to be in breach of these statutory duties. 

Note that state, provincial, or local law may add further rules, so you should check for any specific local regulations in your area.

## Statutory citations

- Housing Act 2004, Section 215A - Statutory periodic tenancies: deposit received before 6 April 2007 [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/215A)
  > the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy
- Housing Act 2004, Section 215B - Shorthold Assured tenancies: deposit received on or after 6 April 2007 [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/215B)
  > the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme

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