Quick answer
In England, a landlord must protect a tenancy deposit in one of three government-approved schemes (Deposit Protection Service, mydeposits or Tenancy Deposit Scheme) within 30 days of receiving it, and give the tenant the prescribed information in the same 30 days. The deposit is normally capped at 5 weeks' rent where annual rent is under £50,000. At the end of the tenancy the deposit must be returned within 10 days of agreeing the amount, and the scheme's free dispute service can resolve disagreements.
- Protect within 30 days of receiving the deposit.
- Three approved schemes in England: DPS, mydeposits and TDS.
- Cap: 5 weeks' rent (annual rent under £50,000) or 6 weeks' (£50,000 to £100,000).
- Return within 10 days of agreeing how much the tenant gets back.
- A court will not order possession if the deposit was not protected properly.
The approved tenancy deposit schemes
England and Wales have three government-approved tenancy deposit protection (TDP) schemes. Each offers a free dispute resolution service.
| Scheme | Types offered | How it works |
|---|---|---|
| Deposit Protection Service (DPS) | Custodial and insured | Custodial: the scheme holds the money. Insured: the landlord or agent holds it and pays a fee. |
| mydeposits | Custodial and insured | Includes deposits previously held by Capita. |
| Tenancy Deposit Scheme (TDS) | Custodial and insured | Widely used by letting agents. |
In a custodial scheme, the deposit is paid into the scheme and is usually free for landlords. In an insured scheme, the landlord or agent keeps the money and pays the scheme to insure it. Either is valid as long as the deposit is protected on time and the prescribed information is given.
The 30 day rule and prescribed information
Within 30 days of receiving the deposit, the landlord must protect it and tell the tenant, in writing:
- the address of the rented property,
- how much deposit was paid and how it is protected,
- the name and contact details of the scheme and its dispute service,
- the landlord's or agent's name and contact details,
- the name and contact details of anyone else who paid the deposit,
- why the landlord might keep some or all of the deposit,
- how to apply to get the deposit back at the end,
- what to do if the tenant cannot contact the landlord at the end,
- what to do if there is a dispute.
The rule applies even if someone else pays the deposit, such as a parent or a council rent deposit scheme. Holding deposits paid before signing do not need protection until they become a tenancy deposit.
How much deposit can a landlord take?
| Annual rent | Maximum deposit | Example |
|---|---|---|
| Under £50,000 | 5 weeks' rent | £1,200 a month: £1,200 x 12 / 52 x 5 = about £1,384 |
| £50,000 to £100,000 | 6 weeks' rent | £5,000 a month: about £6,923 |
A holding deposit before signing is limited to 1 week's rent. Taking more than the cap breaches the Tenant Fees Act 2019.
What happens if a deposit is not protected
- The tenant can apply to court. The court can order the landlord to protect or repay the deposit and to pay compensation of 1 to 3 times the deposit amount.
- A court will not make a possession order on most grounds unless the deposit was protected, the scheme's rules were followed and the prescribed information given, or the deposit was returned.
- Landlords who protect late can still face a claim, so it is worth fixing any mistake quickly and taking advice.
Getting the deposit back at the end of a tenancy
- Compare the property with the check-in inventory. Dated photos help both sides. See preparing a property inventory.
- The landlord proposes any deductions, with reasons and evidence, for example cleaning, damage beyond fair wear and tear, or unpaid rent.
- Landlord and tenant agree the amount. The deposit must be returned within 10 days of agreement.
- If you cannot agree, either side can use the scheme's free dispute service. The disputed amount stays protected until it is resolved.
Fair wear and tear, such as light scuffs or faded paint after years of normal use, should not be charged to the tenant. Our move-out guide has a checklist.
Deposits in your tenancy agreement
For tenancies created from 1 May 2026, the written information must state the deposit amount. A clear tenancy agreement also records which scheme is used, what the deposit covers and how deductions will be handled. Our builder includes these clauses.
Fair deductions: what landlords can and cannot claim
| Usually fair to deduct | Usually not fair to deduct |
|---|---|
| Unpaid rent at the end of the tenancy | Normal fading of paint or carpet after years of use |
| Damage beyond fair wear and tear, such as burns or broken fittings | Replacing items that were already old or worn at check-in |
| Cleaning to return the property to its check-in standard | Professional cleaning when the property was left as clean as at the start |
| Missing items listed on the inventory | Routine maintenance the landlord would do anyway |
Scheme adjudicators look at the check-in and check-out evidence, the age and condition of items, and whether the cost claimed is reasonable. Good inventories on both sides make disputes far less likely.
Changing tenants or landlords
If a joint tenant leaves and is replaced, the deposit usually stays protected but the scheme records need updating with everyone's agreement. If the property is sold with tenants in place, the deposit should be transferred to the new landlord and the tenant told the new scheme details. Keep written confirmation of every change.
Common questions
How long does a landlord have to protect a deposit?
30 days from receiving it, and the prescribed information must be given in the same period.
Which deposit scheme is best?
All three approved schemes give the same legal protection. Landlords often choose based on whether they want a custodial (free) or insured scheme.
How do I check if my deposit is protected?
Use the online checker on each scheme's website: DPS, mydeposits and TDS. You will need details such as your surname, postcode and tenancy start date.
How long does a landlord have to return a deposit?
Within 10 days of you both agreeing how much will be returned.
Do lodgers' deposits need protecting?
No. Deposit protection applies to assured tenancies. See the lodger agreement guide.
Can a landlord use the deposit for the last month's rent?
Only if both sides agree. Tenants should not simply stop paying the final month's rent, as the deposit may be needed for other agreed deductions.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
Record the deposit clearly
Create a tenancy agreement for England that records the deposit amount, scheme and return process.
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