Deposit Protection Rules: 30 Days, Caps and Penalties

General information for England as at October 2026, not legal advice. Wales, Scotland and Northern Ireland have their own rules; check gov.uk, your deposit scheme or a qualified adviser for your situation.

In England, a landlord who takes a deposit for an assured tenancy must protect it in a government-approved scheme and give the tenant the prescribed information within 30 days of receiving it. The deposit is capped at five weeks’ rent (six weeks if the annual rent is £50,000 or more). A landlord who gets this wrong can be ordered to pay the tenant between one and three times the deposit, and will find it much harder to get the property back.

Which deposits must be protected?

Since 1 May 2026, when the main parts of the Renters’ Rights Act 2025 came into force, most private tenancies in England are assured periodic tenancies (rolling, with no fixed end date). Assured shorthold tenancies were converted. Any deposit taken for one of these tenancies must be protected (gov.uk). That includes deposits paid by someone else for the tenant, such as a parent or guarantor.

Lodgers living with their landlord, company lets and some other tenancies outside the assured tenancy rules aren’t covered, but many landlords protect deposits anyway.

The 30-day rule

Within 30 days of receiving the deposit (not from the move-in date or the signing date), the landlord or their agent must:

1. Protect it in one of the three approved schemes.
2. Give the tenant the prescribed information (and anyone who paid the deposit for them).

Both have to be done inside the same 30 days. If a deposit is paid in instalments, the clock starts with each payment, so protect it as it comes in.

The three approved deposit schemes

All three offer free dispute resolution at the end of the tenancy. See how to dispute deposit deductions.

What is the prescribed information?

It’s a set of details the tenant must be given in writing. Each scheme provides a template. It includes:

• the amount of the deposit and the address of the property;
• the name and contact details of the scheme, and its leaflet on how it works;
• the landlord’s (or agent’s) name and contact details, and the tenant’s;
• the reasons part or all of the deposit may be kept, with reference to the tenancy agreement;
• how to get the deposit back at the end of the tenancy;
• what to do if the tenant can’t contact the landlord at the end;
• what happens if there’s a dispute, and how the free dispute service works;
• a signed confirmation that the information is accurate.

Keep proof of when and how it was given (an email with the PDF attached is easy to prove).

How much can a deposit be? The Tenant Fees Act cap

The Tenant Fees Act 2019 caps deposits in England:

• Annual rent under £50,000: at most five weeks’ rent.
• Annual rent £50,000 or more: at most six weeks’ rent.
• Holding deposit (to reserve a property): at most one week’s rent.

A week’s rent is the annual rent divided by 52. For £1,200 a month: £1,200 × 12 ÷ 52 = £276.92 a week, so the deposit can be up to £1,384.61. Anything above the cap is a prohibited payment that must be repaid, and councils can fine landlords and agents for charging it (Tenant Fees Act 2019).

Penalties for not protecting a deposit

If the deposit isn’t protected, or the prescribed information isn’t given, within 30 days:

• Compensation: the tenant can apply to the county court, which can order the landlord to pay between one and three times the deposit, as well as protect or return it. Tenants can claim after the tenancy has ended, too.
• Possession: under the Renters’ Rights Act rules, a landlord who hasn’t complied faces serious limits on getting possession through the courts. Sort it out (often by returning the deposit) before serving notice, and take advice.
• Each tenancy counts: the duty applies afresh where a new tenancy is created, so check the deposit is still properly protected if terms change.

Returning the deposit

At the end of the tenancy, once you and the tenant agree how much is coming back, the deposit must be returned within 10 days (gov.uk). The amount not in dispute should be paid; the rest stays protected until any dispute is settled. What can be kept is covered in what a landlord can deduct from a deposit.

Why the inventory matters as much as protection

Protecting the deposit keeps you on the right side of the law. A good check-in inventory is what lets you keep any of it fairly. Without a clear record of the property’s condition at the start, signed by the tenant, deposit schemes usually can’t award deductions for damage. DIY Inventory does a full photo inventory on your phone, with the date and time burned into every photo, a link for the tenant to check and sign it, and a check-out that compares each item with the check-in. It’s £30 per report. The free landlord dashboard keeps your tenancies, deposit protection date and certificates in one place, with reminders.

Wales, Scotland and Northern Ireland

• Wales: deposits must be protected with one of the same three schemes within 30 days, and the prescribed information given. Wales has its own fees law, and tenancies are occupation contracts under the Renting Homes (Wales) Act 2016.
• Scotland: deposits must be lodged with SafeDeposits Scotland, Letting Protection Service Scotland or mydeposits Scotland within 30 working days of the tenancy starting, and are capped at two months’ rent.
• Northern Ireland: deposits must be protected within 28 days, and for tenancies since 1 April 2023 can’t be more than one month’s rent.

Questions

Updated 27 October 2026