How much does it cost to file a Section 214 claim?

Court fees depend on the claim amount: £35 for claims up to £300, £50 for £300–500, £70 for £500–1,000, £115 for £1,000–1,500, and so on up to £455 for claims up to £10,000. If you win, the court orders the landlord to reimburse your fees.

Can I file the claim online?

Yes. You can use Money Claims Online (MCOL) at moneyclaims.service.gov.uk for claims up to £100,000. Alternatively, file form N208 in person at your local County Court.

What if the landlord protects the deposit after I file the claim?

Late protection does not undo the breach. Courts have consistently held that the 30-day obligation is strict. You are still entitled to a penalty, though late protection may reduce the multiplier from 3x towards 1x.

Do I need a solicitor?

No. Section 214 claims are usually allocated to the Small Claims Track (under £10,000), which is designed for self-representation. The hearing is informal and the judge will guide you through the process.

Section 214 County Court Claims for Unprotected Deposits

By GetRighted Legal Research TeamLast updated July 2026

Summary

When a landlord fails to protect your deposit within 30 days, Housing Act 2004, Section 214 gives the court power to order return of the deposit plus a penalty of 1–3x the deposit amount. This is a County Court claim using form N208 (Part 8 procedure). Court fees start at £35 for claims under £300 and rise to £455 for claims up to £10,000. The process takes 6–12 weeks from filing to hearing. Judges typically award 1x for negligent non-protection and 2–3x for deliberate or repeat breaches.

County Court claim process

From filing to judgment:

1Search all three deposit schemes to confirm non-protection — screenshot results
2Send Letter Before Action to landlord: 14 days to protect the deposit and propose a settlement
3If no resolution → file N208 claim form at your local County Court or online via MCOL
4Pay the court fee (reclaimable if you win)
5Court sends the claim to the landlord — they have 14 days to acknowledge
6Hearing listed (typically 4–8 weeks after filing) — attend in person or by video
7Judge decides: return of deposit + penalty of 1–3x the deposit amount

What determines the penalty multiplier

Judges have discretion between 1x and 3x. Factors include: was the non-protection deliberate or negligent? Is the landlord a first-time offender or a serial non-protector? Did the landlord remedy the breach after the Letter Before Action? Has the landlord shown any contrition? Charalambous v Ng [2014] EWCA Civ 1604 confirmed that 1x is appropriate for non-deliberate breaches; higher multiples are reserved for landlords who knowingly disregarded the obligation.

Documents for the court hearing

Bring originals and three copies of:

✓Tenancy agreement showing the deposit amount and payment date
✓Bank statement proving the deposit was paid
✓Screenshots showing the deposit is not registered with DPS, TDS, or MyDeposits
✓The prescribed information (or evidence it was never provided)
✓Copy of your Letter Before Action and proof of postage
✓Any response from the landlord

Section 21 leverage

Under the Deregulation Act 2015, a landlord cannot serve a valid Section 21 eviction notice while the deposit is unprotected. If you are facing eviction, raising the non-protection point can halt the process. Some landlords will settle the Section 214 claim quickly once they realise their eviction notice is void.

The statute
Housing Act 2004, Section 214(3): 'The court must order the person who appears to the court to be holding the deposit to repay it to the applicant.' Section 214(4): 'The court must also order that person to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit.' Charalambous v Ng [2014] EWCA Civ 1604: the minimum penalty is 1x — the court cannot award zero.

Sources

Housing Act 2004, Sections 213–214
Charalambous v Ng [2014] EWCA Civ 1604
Deregulation Act 2015
Civil Procedure Rules, Part 8

Frequently Asked Questions

How much does it cost to file a Section 214 claim?: Court fees depend on the claim amount: £35 for claims up to £300, £50 for £300–500, £70 for £500–1,000, £115 for £1,000–1,500, and so on up to £455 for claims up to £10,000. If you win, the court orders the landlord to reimburse your fees.
Can I file the claim online?: Yes. You can use Money Claims Online (MCOL) at moneyclaims.service.gov.uk for claims up to £100,000. Alternatively, file form N208 in person at your local County Court.
What if the landlord protects the deposit after I file the claim?: Late protection does not undo the breach. Courts have consistently held that the 30-day obligation is strict. You are still entitled to a penalty, though late protection may reduce the multiplier from 3x towards 1x.
Do I need a solicitor?: No. Section 214 claims are usually allocated to the Small Claims Track (under £10,000), which is designed for self-representation. The hearing is informal and the judge will guide you through the process.

Your Rights When a Landlord Didn't Protect Your Deposit
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