Section 214 — Housing Act 2004: Proceedings relating to tenancy deposits

Proceedings relating to tenancy deposits 214 1 Where a tenancy deposit has been paid in connection with a shorthold an assured tenancy , the tenant or any relevant person (as defined by section 213(10)) may make an application to on or after 6 April 2007 the county 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. 1ZA In relation to a tenancy that, immediately before the commencement date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”. 1ZB In subsection (1ZA)— “ assured shorthold tenancy ” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025; “ the commencement date ” has the meaning given by section 146(3) of the Renters’ Rights Act 2025. 1A Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.

2 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.

3 The court must, as it thinks fit, either—

a order the person who appears to the court to be holding the deposit to repay it to the applicant, 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.

4 The court must ... order the landlord to pay to the applicant 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.

5 Where any deposit given in connection with a shorthold an assured 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.

6 In subsection (5) “ deposit ” has the meaning given by section 213(8).