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DPS vs TDS vs MyDeposits

By GetRighted Legal Research TeamLast updated July 2026

Summary

DPS (Deposit Protection Service), TDS (Tenancy Deposit Scheme), and MyDeposits are the three government-approved schemes for protecting tenancy deposits in England and Wales. Your landlord must use one within 30 days of receiving your deposit — Housing Act 2004, Section 213. DPS is custodial only (free, DPS holds the money). TDS and MyDeposits offer both custodial and insured options. All three have free dispute resolution. If your deposit is not protected in any scheme, you can claim 1–3x the deposit as a penalty under Section 214.

DPS vs TDS vs MyDeposits

DPS: custodial only. Free. DPS holds the deposit. Dispute resolution via DPS.

TDS: custodial and insured. Custodial free; insured requires fee. Dispute resolution via TDS.

MyDeposits: custodial and insured. Custodial free; insured requires fee. Dispute resolution via MyDeposits.

All three: government-approved. Free dispute resolution. 30-day protection deadline.

Which scheme is your deposit in?

Your landlord chooses the scheme. They must tell you which one and give you prescribed information within 30 days. Check your tenancy paperwork, or search all three scheme websites using your name and property address. If your deposit is not found in any scheme, it may not be protected — which gives you a strong legal claim.

Custodial vs insured

In a custodial scheme, the scheme holds your deposit. At tenancy end, both parties agree on deductions and the scheme releases funds. In an insured scheme, the landlord keeps the money but pays for insurance. Custodial is generally considered safer for tenants because the landlord cannot access the deposit during the tenancy.

Non-protection penalty

If your landlord did not protect your deposit in any scheme within 30 days, you can apply to court for a penalty of 1–3x the deposit amount under Housing Act 2004, Section 214. The landlord also cannot serve a valid Section 21 eviction notice while non-compliant.

Sources

  1. Housing Act 2004, Sections 213–214
  2. Deregulation Act 2015

Frequently Asked Questions

Does it matter which scheme my landlord uses?
For your rights, no — all three are government-approved and offer equivalent protection and dispute resolution. The key is that the deposit is protected in one of them within 30 days.
How do I check if my deposit is protected?
Search depositprotection.com (DPS), tenancydepositscheme.com (TDS), and mydeposits.co.uk using your name and property address.
Can I claim compensation if my deposit wasn't protected?
Yes. Under Housing Act 2004, Section 214, you can apply to court for 1–3x the deposit amount plus return of the deposit itself.
What if my deposit was moved between schemes?
The landlord must re-protect and serve fresh prescribed information within 30 days of any change. Failure to do so is a breach.

Related

  • housing-act-2004-s-213
  • housing-act-2004-s-214

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