Your deposit was not protected - what can you do?

What the law says

Section 213(3) of the Housing Act 2004 requires the landlord to protect a tenancy deposit in an authorised scheme within 30 days of receiving it. The three approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. Section 213(5) requires the landlord to give the tenant prescribed information about the scheme, the deposit amount, the property, return procedures, and dispute procedures.

Section 214 of the Housing Act 2004 gives the tenant the county court claim. If the court is satisfied that the statutory conditions are met, it makes the applicable deposit-related order and orders a statutory sum of one to three times the deposit. Under the law in force from 1 May 2026, section 215 also restricts the court from making most assured-tenancy possession orders while the gateway is not satisfied, subject to the statutory exceptions and cure provisions.

Step-by-step: what to do

1. Check all three scheme websites using your surname, postcode, tenancy start date, and deposit amount.

2. Search your emails and tenancy pack for a deposit certificate and prescribed information. Missing paperwork matters even if the money was protected.

3. Ask the landlord in writing which scheme holds the deposit and when it was protected.

4. If the deposit was not protected within 30 days, gather proof of payment, bank records, tenancy agreement, and messages.

5. Get advice about a county court Form N208 claim under section 214. If eviction papers are live, raise the deposit breach as a defence or counterclaim.

Common mistakes to avoid

Do not assume the deposit is protected because the tenancy agreement says it will be. Check the scheme directly. Do not confuse a holding deposit with a tenancy deposit: different rules apply. Do not wait for possession proceedings before collecting evidence. Late protection may cure the separate current possession gateway, but it does not retrospectively erase a late-protection issue for a section 214 application.

• Check DPS, MyDeposits, and TDS.
• Keep bank evidence showing when the landlord received the money.
• Look for prescribed information, not just a certificate.
• Check the separate effect on any possession proceedings.

Related guidance

• Deposit checker
  Check protection, prescribed information, compensation, and Section 21 effect.
• Deposit protection guide
  The 30-day rule, schemes, prescribed information, and claims.
• How to find your deposit scheme
  Search DPS, MyDeposits, and TDS.
• Deposit compensation claim
  How the one to three times deposit penalty works.

Common questions

Your deposit was not protected - what can you do?

If your landlord took a tenancy deposit for an assured tenancy within the statutory scheme in England, the landlord must protect it in an authorised scheme and give the prescribed information within 30 days. If the court is satisfied that section 213 was not complied with, section 214 provides deposit-related orders and a statutory sum of one to three times the deposit. From 1 May 2026, non-compliance also affects the court's power to make most assured-tenancy possession orders; narrow exceptions and cure rules apply.

Can I claim if the deposit was protected late?

Late protection may support a section 214 application if the statutory scope, payment, receipt date, non-compliance, parties, and other required facts are proved. It may separately cure the current possession-order gateway, so the two consequences should not be conflated.

How much compensation can I get?

If the section 214 conditions are established, the statutory sum is between one and three times the deposit. The court decides the multiplier; this checker does not predict it from lateness or seriousness alone.

Does the landlord have to return the deposit too?

The court can order the deposit returned or protected properly. The compensation award is separate from the deposit itself.

Can an unprotected deposit affect possession?

Yes, but the effect depends on the possession route and dates. Legacy Section 21 has its former deposit restrictions. From 1 May 2026, section 215 restricts most assured-tenancy possession orders while the gateway is not satisfied, subject to statutory exceptions and cure rules.