Can they do that? Brighton & Hove
All questions

Can they keep my deposit if it was never protected?

Short answer

No, and they may owe you more

If your deposit wasn't protected, or you weren't given the details, within 30 days, a court must order the landlord to pay you between one and three times the deposit. You can also get the deposit back, less any fair deductions.

If your landlord or agent didn’t:

  • protect your deposit in an approved scheme within 30 days, or
  • give you the prescribed information within 30 days,

you can apply to the county court. So can anyone who paid the deposit for you.1

If the court agrees, it must order the landlord to pay you compensation of at least the amount of the deposit and up to three times it, within 14 days.2 The court decides where in that range. You’re likely to get more if your deposit was never protected than if it was protected a few days late.3

What happens to the deposit itself depends on whether your tenancy has ended:

  • If you still live there, the court must order it to be paid back to you, or paid into a scheme, within 14 days.4
  • If your tenancy has ended, the court can order all or part of it to be paid back to you within 14 days.5 Money may be taken off for damage you’ve caused or rent you owe.6

Things to know

  • You can claim after you’ve moved out.7 Citizens Advice says you have up to six years from when the rules were broken.8
  • Protecting it late doesn’t get the landlord off. Missing the 30 days is enough.9 If the landlord protects it or pays it back before the hearing, you should still go: you should still get compensation.10
  • Getting the details late or not at all counts too, even if the money was protected.11
  • You claim at the county court on form N208.12 The court fee is £387, which you can claim back from your landlord if you win. You can apply for money off the fee if you get certain benefits or have a low income.13

Before you claim

  1. Make sure it really isn’t protected. Search all three schemes and ask the agent in writing. See does my landlord have to protect my deposit? Then email each scheme and ask it to confirm your deposit isn’t protected, or was protected late.14
  2. Write to your landlord first. The court will expect you to have tried to sort it out.15 Tell them they haven’t followed the deposit rules, that you could get 1 to 3 times your deposit if you go to court, and what they need to do to avoid that. Ask for a reply within 21 days.16
  3. Keep everything: proof you paid the deposit, your tenancy agreement, and their replies.
  4. Get advice before you start. You don’t need a solicitor.17 In Brighton & Hove, BHT Sussex, Citizens Advice and Shelter can all help for free.

If you’re still living there

An unprotected deposit makes it much harder for your landlord to evict you. A court can’t usually make a possession order until the deposit is in a scheme and you’ve been given the prescribed information.18 That changes if the landlord returns your deposit, or your court claim about it is decided or settled.19

There are exceptions, such as evictions for antisocial behaviour.20 If you got a section 8 or section 21 notice before 1 May 2026, different rules apply.21 If you’re worried about eviction, get advice before taking action.

References

  1. Housing Act 2004, s. 214(1). the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds— a that section 213(3) or (6) has not been complied with in relation to the deposit. Section 213(3) is the 30 days to protect the deposit, and section 213(6) the 30 days to give the prescribed information. A “relevant person” is someone who paid the deposit on the tenant’s behalf: Housing Act 2004, s. 213(10). means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant. ↩

  2. Housing Act 2004, s. 214(4). The court must … order the landlord 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 within the period of 14 days beginning with the date of the making of the order. ↩

  3. Taking your landlord to court if they haven’t followed the deposit rules. Citizens Advice. You’re likely to get more compensation if your deposit wasn’t protected than if it was just protected a few days late. ↩

  4. Housing Act 2004, s. 214(2)–(3). Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended … The court must, as it thinks fit, either— a order the person who appears to the court to be holding the deposit to repay it to the applicant, or b order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme, within the period of 14 days beginning with the date of the making of the order. ↩

  5. Housing Act 2004, s. 214(2A) and (3A). Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended … The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days ↩

  6. Getting your tenancy deposit back. Citizens Advice. If your deposit should be protected but isn’t, you might be able to claim compensation of 1-3 times the amount. You’ll also get your deposit back, though there may be money taken off for any damage you’ve caused or if you owe rent. ↩

  7. Housing Act 2004, s. 214(1A). Subsection (1) also applies in a case where the tenancy has ended ↩

  8. Taking your landlord to court if they haven’t followed the deposit rules, Citizens Advice. You can take your landlord to court up to 6 years after they broke the deposit rules. You can do it before or after your tenancy ends. ↩

  9. Housing Act 2004, s. 213(3). the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received. Taking your landlord to court, Citizens Advice, lists as grounds: protect your deposit at the right time ↩

  10. Taking your landlord to court, Citizens Advice. You should still go to court if your landlord protects your deposit properly or pays it back to you before the date of the hearing. You should still get compensation, so it’s worth going. ↩

  11. Housing Act 2004, s. 213(6). within the period of 30 days beginning with the date on which the deposit is received by the landlord. Taking your landlord to court, Citizens Advice. give you the prescribed information at the right time ↩

  12. Tenancy deposit protection: if your landlord doesn’t protect your deposit. GOV.UK. Apply using Form N208: Claim form. ↩

  13. Tenancy deposit protection: if your landlord doesn’t protect your deposit, GOV.UK. The court fee is £387. You can claim this back from your landlord if you win your case. You can apply for money off your court fee if you claim certain benefits or have a low income. ↩

  14. Taking your landlord to court, Citizens Advice. Email them and ask them to confirm your deposit isn’t protected, or was protected late. ↩

  15. Taking your landlord to court, Citizens Advice. You might be able to negotiate with your landlord instead of going to court. The court will expect you to have done this. ↩

  16. Taking your landlord to court, Citizens Advice. they haven’t complied with the Tenancy Deposit Scheme rules you could get 1 to 3 times your deposit in compensation if you go to court Tell your landlord you want a reply within 21 days. ↩

  17. Tenancy deposit protection: if your landlord doesn’t protect your deposit, GOV.UK. Get legal advice before applying to court. You do not need a solicitor to do this. ↩

  18. Housing Act 2004, s. 215(1)–(3), as substituted from 1 May 2026. Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme. only if the requirements of section 213(5) and (6)(a) have been complied with. Section 213(5) and (6)(a) are the duty to give the prescribed information. ↩

  19. Housing Act 2004, s. 215(5). the tenancy deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or an application to the county court has been made under section 214(1) and has been determined by that court, withdrawn or settled by agreement between the parties. ↩

  20. Housing Act 2004, s. 215(4). Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988. Check your landlord has protected your deposit. Citizens Advice. In some cases, your landlord can get a court order to evict you even if they didn’t follow the deposit rules. For example, if you were involved in antisocial behaviour. ↩

  21. Check your landlord has protected your deposit, Citizens Advice. If you got a section 8 notice before 1 May 2026, your landlord can use it to evict you even if they didn’t follow the tenancy deposit protection rules. If you got a section 21 notice before 1 May 2026, your landlord has to pay back your deposit before they can evict you if: ↩