Tenancy deposits in England: protection, the 30 day rule and getting your money back
Published · 3 min read · Figures checked . UK rules and rates change, so check the official sources below before you act.
A deposit paid to a private landlord must be kept in a government-approved scheme. This guide explains how the caps, the 30 day deadline, deductions, returns and disputes work, and what can happen if a deposit is not protected.
What a tenancy deposit is
A tenancy deposit is money a tenant pays at the start of a rental as security. It is not rent. The landlord can only keep part of it for things like unpaid rent or bills, or repairs for damage that goes beyond normal wear and tear. This guide is about private renting in England. Scotland and Northern Ireland have their own separate schemes, and Wales has different rules, so the details below may not apply there.
How much a deposit can be
As of 11 October 2026, GOV.UK says a landlord or agent can ask for a deposit of up to 5 weeks' rent if the rent for the year is less than £50,000. If the yearly rent is £50,000 or more, the cap is 6 weeks' rent. A holding deposit, paid to reserve a property, can be up to one week's rent.
Deposit protection and the 30 day rule
GOV.UK says deposits for assured periodic tenancies must be put in a government-approved tenancy deposit protection scheme. These tenancies replaced assured shorthold tenancies on 1 May 2026. The three schemes named by GOV.UK for England and Wales are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme.
The landlord or letting agent must put the deposit into the scheme within 30 days of receiving it. A holding deposit does not need protecting on its own, but once the person becomes a tenant it counts as a deposit and must be protected. A deposit paid by someone else, such as parents or a rent deposit scheme, must also be protected.
The protection is there to help a tenant get their money back if they keep to the tenancy terms, do not damage the property and pay the rent and bills.
Getting the deposit back
- The landlord must return the deposit within 10 days of both sides agreeing how much will be returned.
- The landlord can keep part of it for unpaid rent or bills, or for repair costs caused by damage.
- If the two sides disagree, the deposit stays protected in the scheme until the dispute is resolved. A tenant can contact the scheme the landlord used.
If a deposit was not protected
GOV.UK says a tenant who is not sure can contact the schemes to check whether their deposit is held. Writing to the landlord first can be quicker and cheaper than going to court. If that does not work, a tenant can apply to a county court using form N208. GOV.UK gives the court fee as £387, which can be reclaimed from the landlord if the tenant wins, and help with the fee may be available on certain benefits or a low income.
The court can order the landlord to repay the deposit or pay it into a scheme's account within 14 days. It can also order the landlord to pay the tenant up to three times the deposit. GOV.UK recommends getting legal advice first, though a solicitor is not needed to apply.
Anyone worried about a deposit dispute can get free, independent advice from Citizens Advice.
Check before you act
Rules and figures can change. It is worth confirming the details on the official GOV.UK pages linked below before relying on this guide, especially for older tenancies or deposits taken before April 2007.
Sources
For information only. See our disclaimer and editorial standards. Spotted an error? Tell us.
