UKMy landlord hasn't protected my deposit in a scheme. What can I do?
If your landlord hasn’t protected your tenancy deposit in a government-approved scheme within 30 days, you can apply to court for a penalty of 1–3 times the deposit amount.
What the Law Says
The law requires landlords in England and Wales to protect tenants’ deposits in a government-approved tenancy deposit protection (TDP) scheme — and to do so within strict time limits.
If you have an assured shorthold tenancy (the most common type for private renters), your landlord must place your deposit in one of three government-approved schemes: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS).
They must do this within 30 days of receiving the deposit — and also give you prescribed information about the scheme, including contact details and how to get your deposit back.
Failure to comply means the landlord cannot serve a valid Section 21 notice (‘no-fault’ eviction notice) until the breach is remedied — and you may be entitled to a financial penalty.
Statutory TextAny person who, in relation to an assured shorthold tenancy, receives a deposit from a tenant must, within 30 days beginning with the date on which it is received, pay it into an authorised scheme or enter into a contract with an insured custodial scheme.
— Housing Act 2004, s. 213 — Duty to protect deposits
What to Do
Check whether your deposit is protected using the search tools on DPS, MyDeposits, or TDS websites.
Gather evidence: tenancy agreement, proof of deposit payment (e.g., bank statement), and any communication with your landlord.
Write to your landlord asking them to protect the deposit and provide prescribed information — keep a copy.
If they don’t act within a reasonable time (or at all), issue a claim in the County Court using form N208.
You must start court action within 6 months of the breach (i.e., within 6 months of the 30-day deadline passing).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.