Considering court action

There are some disputes that you may only be able to resolve by taking court action. We have set out below some frequently experienced disputes and the type of court action you could take.

Remember however that court action can be complex and should only be taken as a last resort. Always try and negotiate first and get advice before starting any action.

My deposit has not been protected

If you have followed the procedure outlined here but your deposit is still not protected,  you can go to court for an order that your landlord protects your deposit or refunds it to you. You can also make a claim for compensation of between 1 and 3 times the amount of the deposit.

Remember, there is a risk your landlord might decide to end your tenancy if you take action to get your deposit protected.

For more advice, see our page on tenancy deposit compensation claims.

My deposit has been protected but my landlord is refusing to return it

If your deposit has been protected but your landlord is refusing to return the whole or part of your deposit, and refusing to use the tenancy deposit protection scheme alternative dispute resolution (ADR) you might be able to take your landlord to court for the return of the deposit.

For more advice, see our page on Tenancy deposit refund claims

My deposit is not covered by the tenancy deposit protection rules and my landlord is refusing to return it

If your deposit is not covered by the tenancy deposit protection scheme rules and your landlord is refusing to return part or all of your deposit you might have  to go to court to get it back.

You should always try to negotiate with your landlord to return your deposit before starting any court action.

For more advice, see our page on tenancy deposit refund claims.

My deposit has been returned but my landlord failed to comply with the tenancy deposit protection rules

Even if your deposit has been returned, you may still be able to claim compensation if your landlord did not deal with your deposit in compliance with the law.

For more advice, see our page on tenancy deposit compensation claims.

Phone an adviser

If you have a housing problem, call our expert housing advice helpline
0345 075 5005

Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.

This page was last updated on: September 6, 2018

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.