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or flat from a private landlord?

Was your tenancy deposit protected?

Tenancy Deposit Regulations


The Housing Act 2004 governs Shorthold Tenancy Agreements and came into force on 6th April 2007.

It was later amended by the Localism Act 2011 and Deregulation Act 2015.

Section 213(1) of the Housing Act as amended deals with tenancy deposits and a landlord's requirements stating:

Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time it is received, be dealt with in accordance with an authorised scheme.


Section 213(3) goes on to state:


Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, 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(5) goes on to prescribe the information that the landlord must provide to the tenant:

A landlord who has received such a tenancy deposit must give to the tenant and any relevant person such information relation to:

  1. The authorised scheme applying to the deposit
  2. Compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
  3. The operation of provisions of this chapter in relation to the deposit, as may be prescribed

i.e. the landlord must provide proof of the deposit and a leaflet explaining about the scheme chosen.

Sections 214 & 215 deal with the penalties if a landlord fails to comply with the above:


Section 214


  1. Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a country Court on the grounds:-

(a) that section 213 (3) or (6) has not been complied with in relation to the deposit, or
(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference to subsection (1) to the tenant is to a person who was a tenant under the tenancy.

  1. Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the Court:-

(a) is satisfied that section 213 (3) or (6) has not been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme, as the case may be.

(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the Court:-

(a) is satisfied that section 213 (3) or (6) has not been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme, as the case may be.

  1. The Court must, as it thinks fit, either:-

(a) order the person who appears to the Court to be holding the deposit and repay it to the application, or
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme, within the period of 14 days beginning with the date of the making of the order.

(3A) The Court may order the person who appears to the Court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.”

  1. The Court must order the landlord to pay to the application a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
  2. Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.
  3. In subsection (5) “deposit” has the meaning given by section 213(8).

Section 215 Deals with Sanctions for non-compliance


  1. Subject to section (2A), if a tenancy deposit has been paid in connection with a Subject to section (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when:-

(a) the deposit is not being held in accordance with an authorised scheme, or
(b) section 213(3) has not been complied with in relation to the deposit.

  1. Subject to section (2A) if section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.

(2A) Subsections (1) and (2) do not applied in a case where:-

(a) ons (1) and (2) do not applied in a case where:- (a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
(b) an application to a county court has been made under section 214(1) and has been determined by the Court, withdrawn or settled by agreement between the parties.”

  1. If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.
  2. In subsection (3) “deposit” has the meaning given by section 213(8).
  3. In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).




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