What can a tenant claim if the deposit was not protected?

Under section 214 the court must order the deposit repaid or paid into a scheme, and must order the landlord to pay between one and three times the deposit.

Does this apply to assured tenancies?

Yes. From 1 May 2026 section 214 covers assured tenancies as well as shorthold tenancies.

Can a former tenant claim?

Yes. A former tenant can apply after the tenancy has ended.

Can a landlord who has not protected a deposit still get possession?

GOV.UK says not, except under the antisocial behaviour grounds, and the landlord can usually fix the problem first.

Deposit not protected: what can a tenant claim?

The court must order the deposit repaid or protected and must order a payment of one to three times the deposit.

By Charles Worth · Last checked 29 October 2026

If a landlord does not protect a tenancy deposit in an approved scheme, and give the tenant the prescribed information, within 30 days of receiving it, the tenant can go to court. The claim is made under section 214 of the Housing Act 2004. Since 1 May 2026 the section covers assured tenancies as well as the older shorthold tenancies.

Who can claim

The tenant, or another "relevant person" as defined in section 213 of the Act. A former tenant can also apply after the tenancy has ended. The application goes to the county court.

When a claim can be made

The deposit was not protected as section 213 requires, or
the landlord said a scheme applied but the tenant cannot get confirmation from the scheme that the deposit is held under it.

What the court must do

While the tenancy continues: order the deposit to be repaid to the tenant, or paid into the custodial scheme's account, within 14 days.
After the tenancy has ended: the court may order all or part of the deposit to be repaid within 14 days.
In either case: order the landlord to pay the tenant between one and three times the deposit, within 14 days.

For example, on a deposit of £1,000 the extra payment would be between £1,000 and £3,000. The amount inside that range is for the court to decide.

Other consequences for the landlord

GOV.UK says a landlord who has not properly protected the deposit cannot get possession, except under the antisocial behaviour grounds (7A and 14). The landlord can usually fix the problem first. See Ground 8 and the end of Section 21 for why this matters.

Time limits and advice

The text of section 214 does not give a deadline for applying. If you are thinking of making a claim, get advice early from Shelter, Citizens Advice or a solicitor. This site cannot advise on an individual case.

Check your own dates

The deposit deadline calculator shows the last day to protect a deposit from the date it was received.

Common questions

What can a tenant claim if the deposit was not protected?: Under section 214 the court must order the deposit repaid or paid into a scheme, and must order the landlord to pay between one and three times the deposit.
Does this apply to assured tenancies?: Yes. From 1 May 2026 section 214 covers assured tenancies as well as shorthold tenancies.
Can a former tenant claim?: Yes. A former tenant can apply after the tenancy has ended.
Can a landlord who has not protected a deposit still get possession?: GOV.UK says not, except under the antisocial behaviour grounds, and the landlord can usually fix the problem first.