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Deposit penalty
See the range a court must order under Housing Act 2004 s.214(4) when a tenancy deposit was protected late, never protected, or the prescribed information was not served: between one and three times the deposit.
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Deposit
Protection
Prescribed Information
No penalty on these facts
The deposit was protected and the prescribed information served within the 30 days.
- Housing Act 2004 s.214(4): not less than the deposit and not more than three times it. Where in that range is for the court, on the facts.
- The court also orders the deposit repaid to the tenant or paid into a custodial scheme (s.214(3)).
- In Okadigbo v Chan [2014] EWHC 4729 (QB) the High Court upheld an award of one times the deposit, where the landlords were inexperienced, had relied on agents, admitted the breach and put it right.
- Section 21 was abolished on 1 May 2026. Until the deposit is protected and the prescribed information served, a court cannot make a possession order on most grounds (not Grounds 7A or 14).
- Guidance, not legal advice. Take advice from a solicitor on a live claim.
Next: Landlord? Get reminders 14, 7 and 1 days before each protection deadline, with the deposit kept on the tenancy.
Get startedBackground
How tenancy deposit penalties work under the Housing Act 2004
Sections 213 to 215 of the Housing Act 2004 require a deposit taken for an assured tenancy in England to be protected in a government-approved scheme (the Deposit Protection Service, the Tenancy Deposit Scheme or mydeposits) within 30 days beginning with the day it is received, so the last day is the 29th day after receipt. Within the same 30 days the landlord must give the tenant the prescribed information about the scheme and the deposit, in the prescribed form or one substantially to the same effect. Missing either opens the landlord to an order under section 214.
Section 214(4) sets the amount: the court must order the landlord to pay the tenant not less than the deposit and not more than three times it. Where in that range is for the court, on the facts. In Okadigbo v Chan [2014] EWHC 4729 (QB) the High Court upheld an award of one times the deposit, taking into account that the landlords were inexperienced, had relied on agents, admitted the breach and put it right.
Protecting late is still a breach, and the penalty still applies. What late protection does change is possession. Since 1 May 2026 a court cannot make a possession order on most grounds while the deposit is not in a scheme or the prescribed information has not been given, but once both are done the bar lifts, even if they were done late (section 215, as amended by the Renters’ Rights Act 2025). It also lifts if the deposit is returned or the tenant’s claim is decided, settled or withdrawn. It never applies to Grounds 7A or 14.
A renewal does not start the clock again where nothing else changes. Under section 215B, if the landlord, the tenant and the property are the same and the deposit stays in the same scheme, the protection and prescribed information given for the earlier tenancy count for the new one. If any of those change, protect the deposit and give the prescribed information again.
A tenant facing a possession claim can bring a deposit claim alongside it, and any award is money the landlord owes the tenant. Check the deposit before issuing proceedings, and put right anything that can still be put right.
This calculator shows the range the court must work within for your deposit. It does not predict where in that range a court will land, because that depends on the facts. It is not legal advice: take advice from a solicitor on a live claim.
Step by step
How to see the deposit penalty range for your deposit
Enter the deposit amount, whether and when it was protected, and whether the prescribed information was served, to see the one to three times range.
- 1
Enter the deposit amount
The penalty is measured against the deposit, not the rent. The deposit itself is capped at five weeks’ rent where the annual rent is under £50,000, and six weeks’ rent at £50,000 or more (Tenant Fees Act 2019).
- 2
Confirm whether it was protected, and when
On time means in a scheme by the 29th day after the day it was received. Late or never, the range the court works within is the same.
- 3
Confirm the prescribed information
It must be given within the same 30 days. Giving it late, or not at all, is a breach in its own right, with the same range.
- 4
Read the range
The result is the lowest and the highest amount the court can order. Plan for the top of the range, and take advice before any possession claim.
Questions
Frequently asked questions
How long do I have to protect a tenancy deposit?
30 days beginning with the day you or your agent receive it, so the last day is the 29th day after receipt. The prescribed information has to be given to the tenant within the same 30 days (Housing Act 2004 s.213).
What is the penalty for failing to protect a deposit?
The court must order the landlord to pay the tenant between one and three times the deposit (Housing Act 2004 s.214(4)), and deal with the deposit itself: repaid to the tenant or paid into a custodial scheme. Where in the range depends on the facts.
Can I cure a late deposit protection?
Protecting the deposit and giving the prescribed information, even late, lifts the bar on a possession order. It does not remove the tenant’s right to claim one to three times the deposit.
Do I need to re-protect the deposit on a tenancy renewal?
Not where the landlord, the tenant and the property are the same and the deposit stays in the same scheme: section 215B treats the earlier protection and prescribed information as given for the new tenancy. If any of those change, protect and serve again.
Does deposit protection apply if I took a holding deposit only?
A holding deposit reserves the property and is capped at one week’s rent (Tenant Fees Act 2019). It is not a tenancy deposit while that is all it does. Any part of it kept as the tenancy deposit has to be protected like the rest.
Can a tenant block my Section 8 claim because of a deposit issue?
On most grounds, until it is put right: a court cannot make a possession order while the deposit is not in a scheme or the prescribed information has not been given, unless the deposit has been returned or the tenant’s claim decided or settled. Grounds 7A and 14 are not affected. Separately, the tenant can claim one to three times the deposit.
Does returning the deposit fix a possession problem?
It lifts the bar on a possession order, as does protecting it and giving the prescribed information late. It does not cancel the tenant’s claim for one to three times the deposit, which the court must award if the breach is proved.
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Deposit deadline
30 days beginning with the day it is received, not the tenancy start. Miss it and the court must award the tenant 1–3× the deposit, and most possession orders wait until it is put right.
Deposit cap
5 weeks’ rent under £50k annual, 6 weeks’ rent at or above £50k. Over the cap is a banned fee the tenant can recover through the tribunal, with a penalty of up to £5,000. Get the exact lawful figure.
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