What is the penalty for not protecting a deposit?
Between one and three times the deposit, plus repayment — and your possession route is blocked.
3 min read · Updated 2 August 2026
Overview
A tenant can apply to the county court at any point during or after the tenancy. If the deposit was not protected, or the prescribed information was not served, the court must order repayment of the deposit (or its transfer to a scheme) and award the tenant between one and three times the deposit amount.
Practical guidance
- Late protection reduces but does not remove the risk — the award is discretionary within the one-to-three band.
- Return the deposit in full before serving notice if you cannot cure the breach.
- Awards can be made for each tenancy in a chain of renewals, so old breaches compound.
Related content
General information for UK landlords and letting agents, not legal advice. Rules differ across England, Wales, Scotland and Northern Ireland — check your local requirements or take advice before acting.