Deposit not protected — complaint and demand

Letter to a private landlord whose tenancy deposit has not been protected in TDS, MyDeposits or DPS within 30 days, citing Housing Act 2004 ss.213-215 and the up-to-3x deposit penalty.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.
Commencement caveat (2026-06-15): The Renters' Rights Act 2025 abolishes Section 21 "no-fault" evictions for assured tenancies. References to Section 21 invalidity in this letter remain accurate where the deposit was unprotected during a pre-commencement tenancy, but post-commencement the s.213/s.214 deposit-penalty claim is the primary remedy — there is no Section 21 to invalidate. Check the GOV.UK Renters' Rights Act 2025 commencement page before sending.

Housing Act 2004 sections 213-215 require deposits to be protected in TDS, MyDeposits, or DPS within 30 days. Failure means the landlord cannot serve a valid Section 21 notice (where applicable; see commencement caveat above) and you can claim 1-3x the deposit in compensation. Send by recorded delivery and keep proof.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • Sections 213, 214, 215 Housing Act 2004: confirmed currently in force. The 30-day protection deadline (s.213(3)), the duty to provide Prescribed Information (s.213(5)), the court's power to award 1-3x the deposit (s.214(4)), and the Section 21 invalidity consequence (s.215) are all correctly stated.
  • Section 21 invalidity (s.215 HA 2004): confirmed — a landlord cannot serve a valid Section 21 notice while the deposit is unprotected. Note that the Renters' Rights Act 2025 is abolishing Section 21 "no-fault" evictions. Reviewer must check whether and when this Act came fully into force — if Section 21 notices are abolished, this consequence is no longer relevant and the letter should be updated.
  • Three government-approved schemes (TDS, MyDeposits, DPS): confirmed as the current approved schemes as of 2026-06-15.
  • 1-3x penalty: confirmed under s.214(4) HA 2004 — the court must order the landlord to pay the deposit back and may also order a penalty of 1-3 times the deposit amount.

Reviewer focus areas: (1) CRITICAL — Confirm the current status of the Renters' Rights Act 2025 and whether Section 21 has been abolished. If it has, the Section 21 invalidity consequences mentioned in the letter body and notes are obsolete and misleading. (2) Confirm that the three approved schemes (TDS, MyDeposits, DPS) remain the only government-approved schemes. (3) Verify whether any housing law changes since 2025 affect the s.213 deposit protection regime.

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.