Deposit protected late? The law gives you 1x–3x — mandatorily
Two duties, one deadline. Section 213(3) Housing Act 2004 requires the deposit to be protected within 30 days of receipt; s.213(6) requires the prescribed information on you within the same 30 days. Miss either by a single day and the landlord has breached the law — with no discretion for a judge to excuse it.
The statutory clock, precisely
Section 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."
Section 213(6): the prescribed information must be given "within the period of 30 days beginning with the date on which the deposit is received by the landlord".
Both provisions verified verbatim against legislation.gov.uk on 2026-09-05. "Initial requirements" = joining the scheme and paying the deposit in (s.213(4)).
What late protection does NOT do
"I protected it eventually, so no harm done." Wrong. Protection on day 45, day 90 or day 200 does not retrospectively satisfy s.213(3). The breach was committed on day 31 and is permanent. Under s.214(4) the court must order a sum of not less than the deposit and not more than three times the deposit, payable within 14 days of the order — in addition to dealing with the deposit itself.
The penalty: where in the 1x–3x range
| Where courts often land | Factors judges weigh (guidance, not a tariff) |
|---|---|
| 1x deposit | Short delay (days, not months), amateur landlord with a single property, prompt cure once challenged, apology and full compliance before trial. |
| 2x deposit | Several months late, prescribed information never served, tenant inquiries ignored, experienced landlord or agent, multiple properties. |
| 3x deposit | Complete failure to protect, bad faith (fabricated inventory, deductions invented), professional letting agent, retaliatory eviction threats after the tenant asserted rights. |
The 1x-3x range is fixed by statute (s.214(4)); where within the range is factored by the judge on the conduct and history. No published tariff exists — the tiers below are how courts have commonly reasoned, offered as guidance only.
Your three-step recovery
- Gather proof. Tenancy agreement, the bank transfer showing the deposit leaving your account, and every scheme certificate or non-protection confirmation.
- Send the 14-day Letter Before Action. The Pre-Action Protocol requires a formal demand before issuing. Generate it free here.
- Issue via Money Claim Online. A Part 7 small claim, filed online, fee from £35, no adverse-costs risk on the small claims track. The full guide.
Casewright claim pack
Landlord in the landlord failed the 30-day rule? The Casewright Tenancy Deposit Pack generates your formal 14-day Letter Before Claim and Money Claim Online particulars citing s.213 and s.214 Housing Act 2004. Flat £69 — no percentage of your award, unlike no-win-no-fee deposit lawyers who take 35–42%.
FAQs
Does "received" mean the day the money left my account or the day the landlord got it?
The clock runs from the date the landlord (or their agent) receives the deposit — s.213(3) says "beginning with the date on which it is received". Your bank statement showing the transfer date is the primary evidence; the tenancy agreement date is secondary.
Is there any excuse that makes late protection lawful?
No. The duty is strict liability. The only statutory carve-out is the Deregulation Act 2015 cure: for pre-1 May 2026 tenancies, if the landlord repays the deposit in full before a s.21 notice, certain post-2015 breaches can be treated as no breach — and that only helps the landlord's possession case, not the tenant's compensation right for the original breach.
What if I never received any prescribed information?
That is a separate breach of s.213(6), prescribed by SI 2007/797. Ayannuga v Swindells [2012] EWCA Civ 16 confirms each tenant is entitled to the information in person. The s.214 remedy is the same: repayment plus 1x–3x the deposit.
Shelter's free emergency housing advice line: 0808 800 4444 (England, weekdays) · Citizens Advice: 0808 223 1133. If you are being illegally locked out right now, call 999.