Tenancy deposit protection in England: the 30-day rule, the cap and your options

A landlord in England who takes a tenancy deposit must protect it in a government-approved scheme within 30 days and give the tenant set information. This guide explains the rules, the deposit cap, the penalties and how disputes work.

What deposit protection is and who it covers

A tenancy deposit is money a tenant pays at the start of a rental to cover unpaid rent or damage beyond normal wear and tear. In England, a landlord or letting agent who takes one must place it in a government-approved tenancy deposit protection scheme. GOV.UK names three schemes for England and Wales: the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. Each holds the money, or insures it, so that it is protected if the landlord and tenant later disagree. GOV.UK says the rules apply to tenants on an assured periodic tenancy, the main type of private tenancy in England since 1 May 2026, when it replaced the assured shorthold tenancy.

This guide is general information for private tenants and landlords in England. It is not legal advice. Scotland and Northern Ireland have their own separate schemes and rules, which are not covered here. The deposit rules apply even where someone else pays the money, such as a parent or a rent deposit scheme. A holding deposit, the sum paid to reserve a property before a tenancy starts, does not have to be protected, but once it becomes the tenancy deposit it does.

The 30-day deadline and the information tenants must receive

There are two separate duties, and both run from the day the landlord receives the deposit. First, the money must be dealt with under the chosen scheme within 30 days. Under section 213 of the Housing Act 2004, the landlord must meet the scheme's initial requirements, and give the tenant the prescribed information, within a period of 30 days beginning with the date the deposit is received. Protecting the money without sending the information does not satisfy the law, and sending the information without protecting the money does not either.

GOV.UK lists ten items the landlord must give the tenant within the 30 days: the property address, the amount of the deposit, how it is protected, the name and contact details of the scheme and its dispute service, the landlord's or agent's contact details, the details of any third party who paid the deposit, the reasons the landlord might keep some or all of it, how to apply to get it back, what to do if the landlord cannot be reached at the end of the tenancy, and what to do if there is a dispute. Many tenants receive this as a certificate or letter from the scheme. If nothing arrives, it can be worth asking the landlord or agent which scheme holds the money.

The cap on how much a deposit can be

The Tenant Fees Act 2019 limits the size of a deposit in England. Under Schedule 1 of the Act, any amount above five weeks' rent is a prohibited payment where the annual rent is under £50,000, and any amount above six weeks' rent where the annual rent is £50,000 or more. One week's rent is worked out as the annual rent divided by 52. Holding deposits are capped separately at one week's rent. Legislation.gov.uk shows these paragraphs as in force from 1 June 2019, and as of the date this guide was checked it showed no outstanding changes to them. A prohibited payment is one the landlord is not allowed to require.

A worked example

The figures here are illustrative only. For example, suppose the rent is £1,100 a month. The annual rent is £1,100 x 12 = £13,200, which is under £50,000, so the five-week cap applies. One week's rent is £13,200 / 52 = £253.85 (rounded to the nearest penny). Five weeks is £253.85 x 5 = £1,269.23, using the unrounded weekly figure of £253.846. The most the landlord could require as a deposit is therefore about £1,269.23, and the holding deposit could not exceed about £253.85. If a landlord asked for £1,500, the part above the cap, roughly £230.77, would be a prohibited payment.

What happens if a deposit is not protected

If the landlord does not protect the deposit or give the information on time, the tenant can apply to the county court. Under section 214 of the Housing Act 2004, the court must order the landlord to pay the tenant a sum of not less than the amount of the deposit and not more than three times the deposit, to be paid within 14 days of the order. For example, with a deposit of £1,200, the range would be £1,200 (1 x £1,200) to £3,600 (3 x £1,200). GOV.UK also suggests writing to the landlord and any letting agent first, because they may offer to repay after receiving the letter, which can avoid legal costs. The exact order and how the court reaches a figure are matters for the court, so this is a description of the range, not a prediction.

Getting the deposit back and resolving disputes

At the end of the tenancy, GOV.UK says the landlord must return the deposit within 10 days of both sides agreeing how much the tenant will get back. If they disagree, the money stays protected in the scheme until the issue is settled. The scheme offers a free dispute resolution service: both landlord and tenant must agree to use it, both submit evidence, and the decision is final. If the landlord cannot be contacted and an approved scheme holds the deposit, the tenant can raise a dispute directly with the scheme, though there may be a time limit, so GOV.UK advises acting promptly.

Common mistakes and what to check

• Check which scheme holds the deposit and that the details match what you were sent.
• Keep the tenancy agreement, any inventory, dated photographs and messages about repairs or cleaning.
• Check whether the deposit exceeds the cap for your rent.
• GOV.UK says a tenant gets the deposit back if they meet the tenancy terms, do not damage the property and pay rent and bills.
• Valuable items such as a car or watch, accepted instead of money by agreement, are not protected by a scheme, according to GOV.UK, which is a reason to be careful with non-cash deposits.

Free, impartial help is available from Citizens Advice, Shelter, and the deposit scheme's own dispute service.

Check before you act

Rules, schemes and time limits can change, and private renting law in England has been changing since the Renters' Rights Act. Please confirm the current position on the official pages linked below before relying on anything in this guide.

Sources

• Protect your tenant's deposit (GOV.UK)
• Tenancy deposit protection for tenants (GOV.UK)
• Information landlords must give tenants about the deposit (GOV.UK)
• Tenancy deposit disputes and problems (GOV.UK)
• Tenant Fees Act 2019, Schedule 1 (legislation.gov.uk)
• Housing Act 2004, section 213 (legislation.gov.uk)
• Housing Act 2004, section 214 (legislation.gov.uk)