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What happens if a landlord does not protect a deposit?

By the VoxaMTD team. Last verified 31 October 2026

Tenants can apply to a county court at any time during the tenancy. The court can order the landlord to repay the deposit or pay it into a custodial scheme's bank account within 14 days, and may also order the landlord to pay the tenant an extra sum on top, within 14 days.

The court may also decide that the tenants do not have to leave the property when the tenancy ends if the landlord did not use a scheme when they should have. Because the court can award an extra sum on top of the deposit, the cost of missing the 30 day deadline can be much larger than the deposit itself.

The fix is process, not paperwork afterwards. Put the deposit into a scheme within 30 days of receiving it, then give the tenants the scheme details and your own contact details in writing. Keep a dated copy of the protection certificate and proof of how you sent it. If you realise a deposit was never protected, take advice quickly, because the tenants can apply at any point in the tenancy.

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General information, not tax or legal advice. Rules differ between England, Wales, Scotland and Northern Ireland.