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Section 213: Requirements relating to tenancy deposits

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Our take on Section 213: Requirements relating to tenancy deposits

With no new section 21 notices for private renters in England, deposit protection now matters in almost every eviction. A landlord who takes a deposit for a private assured tenancy must protect it in a government-approved scheme and give you the prescribed information within 30 days. Otherwise the court cannot order possession on most grounds, arrears included, except anti-social behaviour. In our view the catch is that the landlord can still put it right. The bar lifts if, before the order, the landlord protects it and serves the information late, returns it in full or with agreed deductions, or your deposit claim is settled or decided. If you claim, a court must still award one to three times the deposit.

Part 6: Other provisions about housing — Chapter 4: Tenancy deposit schemes

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

No person may require the payment of a tenancy deposit in connection with a shorthold tenancy which is not to be subject to the requirement in subsection (1).

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.

For the purposes of this section "the initial requirements" of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit.

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

the authorised scheme applying to the deposit,
compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
the operation of provisions of this Chapter in relation to the deposit,

as may be prescribed.

The information required by subsection (5) must be given to the tenant and any relevant person—

in the prescribed form or in a form substantially to the same effect, and
within the period of 30 days beginning with the date on which the deposit is received by the landlord.

No person may, in connection with a shorthold tenancy, require a deposit which consists of property other than money.

In subsection (7) "deposit" means a transfer of property intended to be held (by the landlord or otherwise) as security for—

the performance of any obligations of the tenant, or
the discharge of any liability of his,

arising under or in connection with the tenancy.

The provisions of this section apply despite any agreement to the contrary.

In this section—

  • "prescribed" means prescribed by an order made by the Secretary of State;

  • "property" means moveable property;

  • "relevant person" means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.