TenancyDepositCheck Housing Act 2004 ss.213–215

Letting agent redress — the free route to compensation

Every letting agent in England must belong to a government-approved redress scheme (Enterprise and Regulatory Reform Act 2013; mandatory since October 2014). If an agent failed to protect your deposit, a complaint is free — no court fee — and the ombudsman can order the agent to pay you compensation.

Approved scheme

The Property Ombudsman (TPO)

Government-approved letting agent redress scheme (mandatory membership, Enterprise and Regulatory Reform Act 2013; from October 2014).

Awards: Up to GBP 25,000 per complaint for proven financial loss and/or aggravation, distress and inconvenience (TPO Terms of Reference).

Route: Complain to the agent's internal complaints procedure first; after 8 weeks (or a final response) escalate to TPO. Free to the consumer.

TPO decisions are binding on the agent, not the tenant; TPO cannot determine legal rights and tenancy-deposit adjudication belongs to the deposit scheme itself.

www.tpos.co.uk/ ↗

Approved scheme

Property Redress Scheme (PRS)

The other government-approved redress scheme for lettings and property management agents in England (established 2014; 20,000+ member offices).

Awards: Publishes award limits in its own terms of reference — check the current PRS terms for the live figure before relying on it.

Route: Same pattern: internal complaint first, then escalate. Free to the consumer.

Membership is mandatory for agents; an agent outside both schemes is committing an offence (enforced by Trading Standards, fines up to GBP 5,000).

www.the-property-redress-scheme.co.uk/ ↗

When to use redress vs court

Agent at fault (they took the deposit, went bust, ignored you) → complain to their redress scheme first: free, binding on the agent. Landlord at fault (protected late or never) → the s.214 Housing Act 2004 penalty claim is the stronger route — the penalty is statutory, not discretionary. You can do both for different heads of loss. An agent in neither scheme is committing an offence — report to Trading Standards.

Casewright claim pack

Landlord in the agent failed the 30-day rule? The Casewright Tenancy Deposit Pack generates your formal 14-day Letter Before Claim and Money Claim Online particulars citing s.213 and s.214 Housing Act 2004. Flat £69 — no percentage of your award, unlike no-win-no-fee deposit lawyers who take 35–42%.

See the s.214 claim pack Try the free calculator first