How to claim 1x–3x your deposit — the s.214 route
A tenancy deposit compensation claim is one of the highest-win-rate claims in English civil law: the liability is strict, the evidence is dates and documents, and the small claims track keeps adverse costs away from you.
Before you claim — assemble the evidence
- Tenancy agreement (the deposit clause and the AST terms)
- Bank statement line showing the deposit leaving your account (the clock starts when the landlord receives it)
- Scheme certificate(s) — or written non-protection confirmations from all three schemes
- The prescribed information, if it was ever served (if not — that's a second breach)
- Any correspondence with the landlord or agent about the deposit
Step 1 — the Letter Before Action (14 days)
The Pre-Action Protocol for Debt Claims (which deposit penalty claims follow in practice) requires a written demand with the statutory basis, the sum sought, a response deadline, and the documents you rely on. Build yours free — it cites s.213 and s.214 Housing Act 2004 and sets a 14-day deadline.
Step 2 — issue the claim
For claims inside the small claims limit, Money Claim Online (MCOL) under CPR Part 7 is the cheap route: issue online, pay the fee by card, serve on the landlord. Full MCOL guide →
Step 3 — judgment & the statutory interest
If undefended, judgment enters quickly; you then enforce (warrant of control, attachment of earnings, or a charging order). Add statutory interest at 8% above Bank of England base rate — base rate 3.75% as of 2026-09-05, giving an 11.75% reference rate — on the penalty sum from the day after the 14-day demand window closed. The calculator includes interest.
Court fees
| Amount claimed | Court fee |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| More than £10,000 | 5% of claim |
Fees verified 2026-09-05 from GOV.UK. Help with fees (EX160) may reduce or remit them on low income; the fee is recoverable from the landlord if you win.
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
Is my deposit claim "small claims"?
Almost certainly yes. The penalty (1x–3x deposit) plus deposit usually sits inside the £10,000 small claims limit, where the losing party does not pay the other side's legal costs — so a landlord's solicitor letters cost you nothing. Fees are £35–£455 by claim size.
Can the landlord counterclaim for arrears or damage?
Arrears and dilapidations are ordinary contract claims; they do not erase the s.213 breach. The judge must still award the s.214(4) penalty if the statutory conditions are met, though the landlord can pursue genuine losses separately.
How long do I have to claim?
Six years from the breach (Limitation Act 1980 s.5). A returned deposit does not erase the breach, and the claim survives the end of the tenancy (s.214(1A)).
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.