Renters' Rights Act 2025, Phase 1 commencement
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England

England and Wales · HA 2004 ss.213-215: Protect Deposit AND Serve Prescribed Information Within 30 Days · s.214 Claim: Court MUST Order 1-3x Deposit Penalty (in Addition to Deposit Return) · Late Protection: Not a Complete Defence (Deregulation Act 2015) — Reduces Multiplier Only · Joint Tenancies: Every Joint Tenant Must Receive Prescribed Information · Authorised Schemes: TDS; DPS; mydeposits — Use Current Template · RRA 2025: Deposit Rules Unchanged

Landlord Deposit Penalty s.214 Housing Act 2004 — Non-Protection, 1-3x Multiplier and County Court Claims

Landlord deposit penalty s.214 HA 2004 guide 2026: HA 2004 ss.213-215 — protect deposit in authorised scheme within 30 days AND serve prescribed information within 30 days; failure founds s.214 county court claim; court MUST order: (1) return of deposit; AND (2) penalty of 1-3x deposit amount; penalty is additional to deposit return; late protection before proceedings: not complete defence (Deregulation Act 2015 — tightened pre-2015 position); reduces multiplier towards 1x; joint tenancies: ALL joint tenants must individually receive PI — failure to serve one founds claim by that tenant; relevant persons (third party who paid deposit e.g. parent guarantor): must also receive PI; authorised schemes: TDS; DPS; mydeposits — each has own PI template; using out-of-date template can found claim even if deposit protected; landlord defences: payment is advance rent not a deposit; tenancy not assured tenancy; deposit protected and PI served within 30 days (burden on landlord); limitation 6 years from non-compliance; RRA 2025: deposit protection rules unchanged (s.21 abolished but ss.213-215 continue); Scotland: TDS (Scotland) Regulations 2011 — 30 working days; First-tier Tribunal; NI: Private Tenancies Act (NI) 2022; England and Wales primarily.

11 min readUpdated 7 June 2026Last reviewed: 17 May 2026landlord deposit penalty section 214deposit not protected penalty landlordhousing act 2004 s214 deposit claimtenant deposit penalty county court

Deposit protection obligations — what landlords must do and when

Two distinct obligations under HA 2004 s.213: (1) protect deposit in authorised scheme (TDS; DPS; mydeposits) within 30 calendar days of receipt; (2) serve prescribed information (PI) on all tenants (including all joint tenants individually) and any relevant persons within 30 days. Failure to comply with either obligation founds a s.214 claim by the tenant. PI: each scheme publishes its own template — use the current version; courts have found claims where an out-of-date PI template was used even where the deposit was validly protected.

  • 30-day period runs from date deposit received — not date tenancy started; holding deposit converted to tenancy deposit: 30 days from conversion
  • Authorised schemes: TDS (custodial and insured); DPS (custodial and insured); mydeposits (insured only); all offer free dispute resolution
  • Joint tenancies: serve PI on EACH joint tenant individually — service on one is not service on all; failure to serve one founds s.214 claim by that tenant
  • Relevant persons: third parties who paid the deposit (parent; deposit loan scheme; local authority guarantee) must also receive PI

s.214 penalty — multiplier, late protection, defences and RRA 2025

s.214 claim outcome: court MUST order: (1) return of deposit; AND (2) penalty of 1-3x deposit amount. Penalty is IN ADDITION to deposit return — both ordered. Multiplier at judge's discretion: 1x (late protection before proceedings; inadvertent; cooperative landlord); 2x (standard non-compliance; no significant aggravating/mitigating features); 3x (deliberate non-compliance; repeat offences; bad conduct towards tenant). Late protection (post-Deregulation Act 2015 — 26 March 2015): no longer a complete defence; reduces multiplier only. Limitation: 6 years from date of non-compliance. RRA 2025: deposit protection rules (HA 2004 ss.213-215) unchanged; s.21 abolished but deposit obligations continue for all assured tenancies.

  • Penalty is mandatory (1-3x): court has no discretion on whether to award penalty; only multiplier is discretionary
  • Late protection reduces multiplier but does not eliminate penalty; protecting before proceedings is the single most important mitigating step
  • Defences: payment is advance rent not deposit (courts look at substance not label); tenancy not assured tenancy (company let; lodger; resident landlord); deposit protected and PI served within 30 days (burden of proof on landlord — keep evidence: scheme confirmation email; dated proof of PI service)
  • Scotland: TDS (Scotland) Regulations 2011 — 30 working days to protect and give PI; penalty 1-3x deposit at First-tier Tribunal on tenant application; NI: Private Tenancies Act (NI) 2022 introduced deposit protection scheme

Templates recommended in this guide

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