Never protected
My landlord never protected my deposit
If your deposit was never placed in DPS, TDS or mydeposits, your landlord has breached section 213 of the Housing Act 2004. This is the strongest type of deposit claim.
How to check it was never protected
- Search all three schemes using your surname, postcode and deposit amount.
- Check your tenancy paperwork for a protection certificate or scheme ID.
- Ask your landlord or agent in writing which scheme holds the deposit and the reference number.
What you can claim
The court must order return of the deposit (or payment into a scheme while the tenancy continues) and must award between one and three times the deposit amount (s214(4)). Where the deposit was carried over into renewed tenancies, each tenancy can count as a separate breach.
Next steps
Gather your tenancy agreement, proof of payment and the scheme search results, then send a letter before action giving 14 days to settle. If there is no settlement, you can issue a claim in the County Court.
Frequently asked questions
Can I claim while still living in the property?
Yes. You can claim during or after the tenancy. During the tenancy the court can order the deposit to be protected or repaid.
Is never protecting worse than protecting late?
Courts often treat a deposit that was never protected as more serious, which can push the award towards the higher end of the 1x–3x range.
How much could you claim?
Use the free calculator to estimate your compensation and generate a letter before action.
Open the calculator