The law is clear
Under the Housing Act 2004, any landlord who takes a deposit on an Assured Shorthold Tenancy in England or Wales must protect it in one of three government-recognised schemes within 30 days of receiving it. They must also provide you with "prescribed information" about the scheme within the same period.
The three approved schemes are:
• Deposit Protection Service (DPS) — custodial scheme (free, the DPS holds the money)
• MyDeposits — insurance-based (landlord holds the money, scheme insures it)
• Tenancy Deposit Scheme (TDS) — insurance-based
How to check if your deposit is protected
Each scheme has a free online checker. You'll need your name and the property address:
• DPS: depositprotection.com — search by postcode and deposit amount
• MyDeposits: mydeposits.co.uk — search by postcode
• TDS: tenancydepositscheme.com — search by postcode
If your deposit doesn't appear on any of these three, it's not protected.
What you can claim
If your landlord has failed to protect your deposit, you can take them to court and claim:
• Return of the full deposit — regardless of any damage or arrears
• Compensation of 1x to 3x the deposit amount — the court decides the multiplier based on how serious the breach is
For example, if your deposit was £1,200 and your landlord never protected it, you could receive £1,200 (deposit return) plus up to £3,600 (3x compensation) = £4,800 total.
Key point: Your landlord also cannot serve a valid Section 21 eviction notice if the deposit is not protected. This means they cannot evict you using the "no-fault" route until the deposit issue is resolved. From 1 May 2026, Section 21 is abolished entirely — but until then, an unprotected deposit is a powerful defence against eviction.
Step by step — what to do
Step 1: Check all three schemes. Search DPS, MyDeposits, and TDS using the links above. If your deposit isn't on any of them, proceed to step 2.
Step 2: Write to your landlord. Send a formal letter (keep a copy) stating that your deposit has not been protected as required by the Housing Act 2004, and requesting that they protect it immediately and provide the prescribed information. Give them 14 days to respond.
Step 3: If they don't respond or refuse. You can make a claim through the County Court. The court fee depends on the amount claimed — typically £35-£115 for deposit claims. You don't need a solicitor for this. Shelter and Citizens Advice can help you with the paperwork.
Step 4: Court hearing. Most deposit protection claims are straightforward. You need to show: (a) you paid a deposit, (b) it was not protected within 30 days, (c) prescribed information was not served. The court then awards compensation of 1x to 3x the deposit.
Common landlord excuses
"I forgot" — not a defence. The law is strict liability. Forgetting doesn't exempt them.
"I protected it late" — if they protected it after 30 days, you can still claim. Late protection is still a breach.
"It's the agent's fault" — the landlord is responsible regardless of whether they use an agent. They can't blame the agent to avoid liability.
"You owe me money for damage" — irrelevant to the protection claim. Damage deductions and deposit protection are separate issues. Your landlord can't offset one against the other.
Time limits
You can claim for an unprotected deposit at any time during the tenancy or up to 6 years after the tenancy ends. If you've already moved out and your deposit was never protected, you can still claim. The 6-year limitation period under the Limitation Act 1980 applies.
Important: This guide is for information only and does not constitute legal advice. For help with a deposit claim, contact Shelter or Citizens Advice.