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Housing Act 2004, s.213 — Tenancy Deposit Protection

By GetRighted Legal Research TeamLast updated July 2026

Summary

Housing Act 2004, Section 213 requires every landlord who receives a tenancy deposit to: (1) protect it in an authorised scheme (DPS, TDS, or MyDeposits) within 30 days; and (2) serve prescribed information on the tenant within 30 days. Section 214 makes the penalty mandatory — the court must order the landlord to pay 1–3x the deposit amount if either obligation is not met. Published county court data shows claims for unprotected deposits succeed in the large majority of cases where non-protection is established. Non-protection also invalidates any s.21 notice to evict.

Operative Text

Section 213(3): The initial requirements of an authorised scheme must be complied with within the period of 30 days beginning with the date on which the deposit is received. Section 213(5): The landlord must give the tenant prescribed information about the authorised scheme, compliance, and scheme operation — within 30 days of receipt. Section 213(6): Information must be given in the prescribed form or in a form substantially to the same effect. Section 213(9): The provisions of this section apply despite any agreement to the contrary. The three authorised schemes: Deposit Protection Service (DPS), Tenancy Deposit Scheme (TDS), and MyDeposits.

What This Means for Your Tenancy

If your landlord did not protect your deposit within 30 days, or did not give you the prescribed information within 30 days, you can apply to the county court for a penalty of 1–3 times the deposit amount. You do not need to prove financial loss — the court must order the penalty once non-compliance is established. The penalty continues to apply even if the deposit is protected late. A late-protected deposit that has now been properly protected still attracts the penalty for the period of non-protection.

How to Check if Your Deposit Was Properly Protected

Check each authorised scheme's website:

  • ✓DPS: depositprotection.com — search by postcode or deposit protection ID
  • ✓TDS: tenancydepositscheme.com — search for your tenancy
  • ✓MyDeposits: mydeposits.co.uk — search for your tenancy
  • ✓If protected: check the date of protection — was it within 30 days of payment?
  • ✓If protected: check whether prescribed information was served within 30 days
  • ✓Prescribed information includes: scheme name, scheme rules, how disputes are resolved, terms in which deposit can be withheld

Penalty Amounts

Section 214(4) mandates a penalty of 1–3x the deposit. The court must order at minimum 1x — there is no discretion to award less. Judges typically award 1x where the breach was inadvertent and quickly remedied, and up to 3x for persistent or deliberate non-compliance.

Sources

  1. Housing Act 2004 (c.34), Section 213
  2. https://www.legislation.gov.uk/ukpga/2004/34/section/213
  3. Deregulation Act 2015, s.32
  4. Localism Act 2011, s.184

Frequently Asked Questions

My deposit was protected but the landlord forgot to send the prescribed information — does that count?
Yes. Section 213 imposes two separate obligations: protect the deposit AND serve prescribed information. Failure of either triggers the Section 214 penalty. A protected deposit without prescribed information served within 30 days is a breach.
My tenancy ended years ago — can I still claim?
The Localism Act 2011 extended s.213/214 to apply even after the tenancy ends. The Deregulation Act 2015 amended the procedure. You can still claim after the tenancy ends, subject to the 6-year limitation period for contract claims. Check when the tenancy started and whether the 6 years has run.
My landlord protected the deposit late — do I still have a claim?
Yes. Late protection means there was a period of non-compliance. The penalty still applies for the period between receipt of the deposit and its eventual protection. The court will award the penalty unless the deposit is protected and prescribed information served before the application is made (and even then, judges have discretion on whether to award a penalty for the late period).
Does non-protection affect my landlord's s.21 eviction notice?
Yes. A landlord cannot serve a valid Section 21 notice to end an assured shorthold tenancy if they have not complied with s.213. This protection is in the Deregulation Act 2015, s.32. Even if the deposit is later protected, the s.21 notice remains invalid until the deposit is protected and the prescribed information is served.

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