Your landlord must protect your deposit in a government approved tenancy deposit scheme within 30 days of receiving it.
You should receive:
- written confirmation from the deposit scheme
- information about how your deposit is protected
- details on how to get it back
If your landlord didn’t protect your deposit
You may be entitled to:
- your full deposit back (if it hasn’t already been returned)
- compensation worth 1 to 3 times the amount of your deposit
This is known as punitive damages.
How it affects eviction
A landlord can’t serve a valid Section 21 notice if your deposit isn’t properly protected or if they haven’t given you the required information.
Before issuing a Section 21 notice, they must:
- protect your deposit correctly and issue the required documents or
- return your full deposit
When and how to claim
You can make a claim even after your tenancy has ended. The legal basis for this is Section 214 of the Housing Act 2004.
You can claim through:
- small claims court – simple and usually the best option
- the Part 8 procedure - more formal, often complex and can incur legal costs if unsuccessful
Check with your local County Court to confirm the correct process. Court staff can guide you on forms and procedure but can’t give legal advice.
Starting a claim
Use the right form depending on the type of claim:
- for small claims, use Form N1
- for Part 8 claims, use Form N208
GOV.UK: Courts and Tribunals Form Finder
For help with completing forms or understanding your legal rights, contact Citizens Advice or a solicitor.
What happens if you win
If your claim succeeds, the court may:
- order your landlord to return the deposit, or
- require them to protect it in a scheme (unless they are entitled to keep it due to rent arrears or damage)
- award you compensation of 1 to 3 times the value of the deposit
The level of compensation will depend on the seriousness of the breach. Minor delays or missing paperwork may result in a lower award, while deliberate or ongoing failure to protect the deposit could lead to the maximum penalty.