Protect tenant deposits within 30 days

Protecting tenant deposits is a legal requirement for all landlords and letting agents. You must protect deposits with a government-approved scheme and provide prescribed information to tenants within strict deadlines. Failure to comply results in court penalties and loss of eviction rights.

Tenancy Deposit Protection 30-Day Deadline

Deadline to protect deposits and provide prescribed information to tenants.

Landlords and letting agents must protect all tenancy deposits with a government-approved scheme within 30 days of receipt (in England and Wales), 28 days (in Northern Ireland), or 30 working days (in Scotland). Prescribed information must be provided to the tenant within the same deadline (35 days in Northern Ireland). Failure to comply results in court penalties of 1-3 times the deposit value.

Protection deadline (England, Wales): 30 calendar days from receipt
Protection deadline (Northern Ireland): 28 calendar days from receipt (changed 1 April 2023)
Prescribed information deadline (Northern Ireland): 35 calendar days from receipt
Prescribed information deadline: 30 days from receipt (same deadline as protection)
Applies to: Assured shorthold tenancies started after 6 April 2007
England/Wales approved schemes: Deposit Protection Service (DPS), MyDeposits, Tenancy Deposit Scheme (TDS)
Penalty for non-compliance: Court must order 1-3x deposit value paid to tenant
Additional consequence: Loss of Section 21 no-fault eviction rights until deposit is protected

What prescribed information must include: Scheme details, landlord/tenant contact info, confirmation deposit HAS been protected, deduction circumstances, dispute resolution process
Critical requirement: Prescribed information must state deposit 'has been protected' (not 'will be')
Custodial scheme cost: Free
Insured scheme cost: Small fee per deposit (varies by scheme)

Tenancy deposit protection overview

Deposit Protection Service (DPS)

MyDeposits

Tenancy Deposit Scheme (TDS)

Deposit amount limits

The maximum deposit you can charge is capped by law in England only under the Tenant Fees Act 2019. Wales has no security deposit cap. Scotland caps deposits at 2 months' rent. Northern Ireland has no specific deposit cap legislation.

Tenant Fees Act Banned Payments

Prohibited fees and deposit caps for lettings agents in England. Pure data reference.

The Tenant Fees Act 2019 came into force on 1 June 2019 in England. It prohibits landlords and lettings agents from charging most fees to tenants and caps holding and security deposits. These rules apply to all new tenancies from 1 June 2019 and to all assured shorthold tenancies from 1 June 2020.

Banned fees: Referencing, credit checks, inventories, check-out, renewals, viewings, tenant setup, guarantor fees, and third-party services
Holding deposit cap: Maximum 1 week's rent
Security deposit cap (annual rent below £50,000): Maximum 5 weeks' rent
Security deposit cap (annual rent £50,000 or above): Maximum 6 weeks' rent
Initial breach penalty: Up to £5,000
Repeat breach penalty (within 5 years): Up to £30,000
Enforcement authority: Trading Standards and local weights and measures authorities
Effective from: 1 June 2019 for new tenancies; 1 June 2020 for all assured shorthold tenancies

Tenant Fees Act 2019 guidance

Legal basis

Primary legislation

Tenant Fees Act 2019

Act 2019

UK-wide
- s.12 Offences offence
- s.13 Offences by bodies corporate offence
Housing Act 2004 (HHSRS framework)

Act 2004

UK-wide
- s.3 Local housing authorities to review housing conditions in their districts duty
- s.4 Inspections by local housing authorities to see whether category 1 or 2 hazards exist duty
- s.13 Contents of improvement notices duty
- s.20 Prohibition orders relating to category 1 hazards: duty of authority to make order duty
- s.22 Contents of prohibition orders duty

Other legislation

Private Tenancies Act (Northern Ireland) 2022

Other 2022

UK-wide
- s.4 Limit on tenancy deposit amount offence
- s.6 Certain offences in connection with tenancy deposits to be continuing offences offence
Renting Homes (Wales) Act 2016

Other 2016

UK-wide
- s.13 Notice of standard contract duty
- s.15 Notice of right to decide to remain on a fixed term standard contract duty
- s.29 Model written statement of contract duty
- s.31 Written statement duty
- s.32 Contents of written statement duty

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Protect tenant deposits within 30 days

Deposit amount limits

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Deposit amount limits

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