Quick answer: If your landlord failed to protect your tenancy deposit in an authorised scheme—or failed to give you the required “prescribed information”—within 30 days, you can claim between one and three times the deposit amount as a penalty through the county court. This applies even if the deposit was eventually protected late. Multiple breaches across tenancy renewals can multiply the penalty further. Here’s how the law works and what you can do.

What Is Tenancy Deposit Protection?

Under section 213 of the Housing Act 2004, every landlord who takes a deposit for an Assured Shorthold Tenancy (AST) in England and Wales must, within 30 days:

• Protect the deposit in one of three government-authorised schemes:

  • DPS (Deposit Protection Service) — custodial, free

  • MyDeposits — insurance-based

  • TDS (Tenancy Deposit Scheme) — insurance-based

• Serve prescribed information on the tenant—a separate, specific document that tells you:

  • Which scheme holds the deposit

  • The landlord’s name, address, and contact details

  • The amount protected and property address

  • How to get the deposit back at the end of the tenancy

  • What to do if there is a dispute and the scheme’s dispute resolution process

These are two distinct legal obligations. Protecting the deposit but failing to serve prescribed information is still a breach. Sending only a deposit certificate, without the full prescribed information, is also a breach.

What Happens If Your Landlord Didn’t Protect Your Deposit?

The Penalty: 1–3x Your Deposit
Under section 214 of the Housing Act 2004, you can apply to the county court for an order requiring the landlord to pay you between one and three times the deposit amount as a penalty. This is not a refund—it’s a penalty on top of deposit return.

• The court must also order the deposit returned to you (or paid into a custodial scheme) if the tenancy is still running.

• The landlord cannot escape the penalty by protecting the deposit late. The law was amended after Tiensia v Vision Enterprises Ltd [2010] to close this loophole.

How Does the Court Decide 1x, 2x, or 3x?
The Housing Act 2004 doesn’t list specific factors, but courts consider:

• Blameworthiness: Was the landlord a professional or a first-time accidental landlord?

• Bad faith: Did the landlord deliberately ignore the law?

• Steps to rectify: Did the landlord protect the deposit once made aware?

• Duration of the breach: Was it protected 31 days late, or 18 months late?

Professional landlords who “forgot” to protect a deposit are typically penalised more heavily. A genuine first-time landlord who protected late after being told might receive 1x.

Can You Claim Multiple Times?

Yes.
When a fixed-term AST expires and becomes a statutory periodic tenancy, this creates a new tenancy. The deposit protection obligations arise again for the new tenancy (Superstrike Ltd v Rodrigues [2013] EWCA Civ 669).

• Each renewal or new fixed-term triggers a new obligation.

• Multiple breaches can multiply the penalty.

Example:

• Deposit: £1,295

• Tenancy started April 2022; deposit protected August 2023 (late—16 months)

• Prescribed information served June 2024 (late—over 2 years)

• Fixed term became periodic: a second breach

• Possible third breach on any further renewal

• Maximum penalty: £1,295 × 3 breaches × 3x = £11,655—plus return of the deposit.

Prescribed Information: The Detail That Catches Landlords Out

Many landlords protect the deposit on time but fail on prescribed information. Common failures include:

• Never serving it at all—assuming the scheme certificate is enough

• Serving it late—after the 30-day window

• Serving it informally—via WhatsApp, text, or email without the full document

• Missing required items—the prescribed information must include specific statutory details under the Housing (Tenancy Deposits) (Prescribed Information) Order 2007

A deposit protection certificate is not the same as prescribed information. Receiving a certificate from MyDeposits or TDS does not mean the landlord has complied.

How to Claim: Practical Steps

• Check if your deposit is protected: Search all three schemes (DPS, MyDeposits, TDS).

• Gather evidence: Tenancy agreement, bank statement showing deposit payment, any deposit certificate or prescribed information received, and any correspondence about the deposit.

• Issue a claim: Use Court Form N208 (Part 8 claim) or Form N1 if you are a litigant in person.

• Limitation period: 6 years from the date of the breach (Limitation Act 1980). Claims can be made after the tenancy has ended.

Using Deposit Claims as a Defence to Rent Arrears

If your landlord is claiming rent arrears and you have a deposit protection breach, you can:

• Counterclaim under s.214 within the same proceedings—no separate court fee

• Equitable set-off—ask the court to reduce the arrears by the amount of your counterclaim

This is powerful when deposit penalties exceed or substantially reduce the arrears claimed.

Section 21 Block
Section 215 of the Housing Act 2004 provides that a landlord cannot serve a valid Section 21 notice if:

• The deposit is not protected in an authorised scheme, or

• The prescribed information has not been served

This blocks “no-fault” eviction. Note: Section 21 is being abolished from May 2026 under the Renters’ Rights Act 2025, but this protection remains relevant for existing tenancies until then.

How Caira Can Help

If you think your deposit was not protected on time—or you never received prescribed information—Caira can help you:

• Check the timeline: Work out whether the 30-day deadline was met

• Identify multiple breaches: Map your tenancy history to spot each potential claim

• Draft a letter before action: Put the landlord on notice

• Prepare a counterclaim: If you are already defending possession or arrears proceedings

• Calculate your claim: Work out the maximum penalty based on your deposit and breach history

£15/month. Free 14-day trial. No credit card required.

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Disclaimer: This article is general information, not financial, tax, or legal advice.