What are the deposit protection rules?

For assured shorthold tenancies in England and Wales, the landlord must protect your deposit in a government-approved scheme — DPS, TDS or mydeposits — within 30 days of receiving it, AND give you the 'prescribed information' (where it's protected and how to get it back) within the same 30 days. Deposits are also capped at 5 weeks' rent where the annual rent is under £50,000 (6 weeks above).

What if my landlord didn't protect it?

A court can order them to pay you between 1 and 3 TIMES the deposit as a penalty, on top of returning the deposit itself — and the same applies if they protected it late or never served the prescribed information. You can claim for up to 6 years, including after the tenancy has ended, and it can cover multiple renewed tenancies. An unprotected deposit also usually blocks a valid Section 21 eviction notice.

How do I check if my deposit is protected?

Free, two minutes: each scheme (DPS, TDS, mydeposits) has an online 'is my deposit protected?' checker — search with your postcode, surname and tenancy date. Check all three. No result anywhere + no prescribed information = your landlord likely broke the rules.

My landlord won't give my deposit back — what do I do?

If it IS protected: use the scheme's free dispute resolution — the landlord must prove deductions are justified (with evidence like check-in/check-out inventories), not the other way round, and the adjudicator's decision releases the money. If it is NOT protected: write to the landlord requesting the deposit back and flagging the 1–3× claim, then use the county court if needed — that letter alone settles many cases.

What counts as fair deductions?

Actual damage beyond fair wear and tear, unpaid rent, missing items — evidenced against the inventory. Not allowed: charging for normal wear (worn carpet paths, faded paint), professional cleaning fees by default, or improvements at your expense. Photograph everything at move-in and move-out; the side with the evidence usually wins.

Tenancy deposit not protected? You may be owed 1–3× it back (2026)

Step one: the two-minute check

Each scheme has a free online checker — search your postcode, surname and tenancy date on all three: DPS, TDS and mydeposits.
Found? Good — your money is ring-fenced, and the free dispute service below applies at the end of the tenancy.
Not found anywhere, and you never received the prescribed information? Your landlord has likely broken the Housing Act rules — and the 1–3× claim is on the table.
Also check the amount: deposits are capped at 5 weeks’ rent (annual rent under £50,000). Anything above is recoverable.

Not protected? The 1–3× claim

Write to the landlord (keep proof): request the full deposit back and state that you’re aware the court can award one to three times the deposit for failure to protect it or serve the prescribed information within 30 days. Draft it in a minute. A startling number of cases settle on this letter alone.
No movement? The claim goes through the county court — for most deposits that’s the small claims track: low fees, no solicitor needed, and Help with Fees if money is tight.
The window is 6 years — past tenancies count, and where a fixed term was renewed without re-protecting/re-serving paperwork, each renewal can be a separate breach. Late protection is still a breach.

The quiet shield An unprotected deposit doesn’t just owe you money — it usually blocks a valid Section 21 until the deposit is returned or resolved. If you’re facing eviction, read the eviction guide before panicking: paperwork failures are a tenant’s best friend.

Protected but they won’t give it back?

Use the scheme’s free dispute resolution — you don’t pay, you don’t need a solicitor, and crucially the landlord must prove every deduction with evidence (inventories, photos, receipts), not the other way round.
Fair deductions: damage beyond fair wear and tear, unpaid rent, missing items — evidenced against the check-in inventory. Not fair: normal wear (worn carpet paths, faded paint, minor scuffs), blanket “professional cleaning” fees, or upgrading the property at your expense.
Your evidence wins cases: photograph every room (and meter readings) at move-in and move-out, keep the inventory, and hand back keys with a witness or timestamped photo.

Deposit-claim firms “No-win-no-fee” deposit companies take a large slice of a claim built on a two-minute check and a template letter. The schemes’ dispute service is free, the demand letter is free, and small claims is built for doing it yourself.

Do this now

Run the three scheme checkers tonight — postcode, surname, tenancy date. Renting friends and grown-up kids too; unprotected deposits are everywhere.

Not protected? Send the letter citing the 1–3× penalty and track it as a case in My Sorted. Withheld unfairly? Open the scheme’s free dispute and let the evidence rule decide.

Scotland (safedeposits/letting protection within 30 working days) and Northern Ireland run their own schemes with similar duties — the 1–3× figures above are England & Wales.

Deposit protection — common questions

What was my landlord supposed to do?

Protect the deposit in DPS, TDS or mydeposits within 30 days AND give you the prescribed information saying where it is. Both — missing either is a breach.

What am I owed if they didn't?

The deposit back plus a court-awarded penalty of 1–3 times it, claimable up to 6 years later — even after moving out, and potentially per renewed tenancy.

How do I check?

Free online checkers at all three schemes — postcode, surname, tenancy date. Two minutes covers them all.

They're keeping it for "cleaning and wear"?

Use the scheme's free dispute service — the landlord must prove deductions with inventory evidence, and fair wear and tear can't be charged. Your move-in/move-out photos usually decide it.

Does this affect eviction?

Yes — an unprotected deposit usually invalidates a Section 21 notice until resolved. Read the eviction guide before assuming you have to leave.

Sources Protection duty, prescribed information and the 1–3× penalty · Housing Act 2004 ss.212–215 + GOV.UK tenancy deposit protection. Deposit cap · Tenant Fees Act 2019. Free dispute resolution + checkers · DPS, TDS, mydeposits scheme guidance (verified this session). Six-year window · Limitation Act 1980. SortedUK is not a law firm and this is general information, not legal advice — Shelter (0808 800 4444) and Citizens Advice help free. Last reviewed: 12 June 2026.

Deposit never protected? You may be owed 1–3 times it back.

Step one: the two-minute check

Not protected? The 1–3× claim

Protected but they won’t give it back?

Deposit protection — common questions

Two minutes of checking. Up to three deposits of leverage.

One scan. Every UK money route you may be owed.