Protect a tenant's deposit in an approved scheme

Guide summary

In England, give the tenant the prescribed information only after the deposit is actually protected
In England, keep a copy of the information and proof of when you sent it
In England, a court must order you to pay the tenant 1 to 3 times the deposit if you miss the rules
In England, you cannot get a possession order unless the deposit is protected and the information was given
In England, a deposit is capped at 5 weeks' rent if annual rent is below £50,000, or 6 weeks' if £50,000 or more
In England, return the deposit within 10 days of agreeing with the tenant how much they will get back
In Scotland, choose one of the three approved schemes before the tenancy starts
In Scotland, a tenant can apply to the tribunal during the tenancy or up to 3 months after it ends

These rules apply to landlords and letting agents in England. Wales, Scotland and Northern Ireland each have their own deposit rules.

What counts as a deposit

Any money paid as security in connection with an assured tenancy must be dealt with under an authorised scheme from the moment you receive it, even if someone else paid it for the tenant, such as a parent or a rent deposit scheme. A holding deposit paid before the tenancy is signed does not need protecting, but becomes a deposit that you must protect once the person becomes your tenant.

From 1 May 2026 assured shorthold tenancies became assured periodic tenancies, and a deposit can only be money. You cannot require a car, watch or other item as security. If you took one, the tenant can recover it, and you cannot get a possession order until you give it back.

Protect the deposit and tell the tenant

Tenancy Deposit Protection 30-Day Deadline (England)

Deadline to protect a tenancy deposit and give the tenant the prescribed information in England.

In England a landlord or letting agent who takes a tenancy deposit must deal with it under an authorised tenancy deposit scheme. Within 30 days beginning with the day the deposit is received they must comply with the scheme's initial requirements and give the tenant the prescribed information about the scheme and how the deposit is protected. Assured periodic tenancies replaced assured shorthold tenancies on 1 May 2026.

Protection deadline: 30 days from receipt
Prescribed information deadline: 30 days from receipt
Approved schemes: Deposit Protection Service, MyDeposits, Tenancy Deposit Scheme
Penalty for non-compliance: Court must order 1 to 3 times the deposit to be paid to the tenant
Court may also order: Repayment, or payment into a scheme within 14 days
Possession consequence: No possession order unless the deposit is protected and the information was given

A court can make a possession order only if the deposit is held under an authorised scheme, the scheme's initial requirements were met and the prescribed information was given. This does not apply to possession on Ground 7A or 14, or where the deposit has been returned or the tenant's claim has been decided, withdrawn or settled (Housing Act 2004, section 215).

Tenancy deposit protection overview (opens in a new tab)

Deposit Protection Service (DPS) (opens in a new tab)

MyDeposits (opens in a new tab)

Tenancy Deposit Scheme (TDS) (opens in a new tab)

The prescribed information you give the tenant, and anyone who paid on their behalf, covers:

the scheme administrator's contact details and its leaflet, the procedures for repaying the deposit, including if one party cannot be contacted, and for settling a dispute without going to court
the amount of the deposit and the address of the property
your name and contact details, the tenant's and anyone else's who paid, including how to reach the tenant after the tenancy ends
the circumstances in which you may keep all or part of the deposit, by reference to the tenancy terms
a certificate signed by you that the information is accurate to the best of your knowledge, and that the tenant has had the chance to sign to confirm it

Send it only after the deposit is actually protected. Keep a copy and proof of when it was sent.

Keep the deposit within the cap

The Tenant Fees Act 2019 caps a deposit at 5 weeks' rent where the annual rent is below £50,000, and 6 weeks' rent where it is £50,000 or more. A holding deposit is capped at 1 week's rent. Anything above a cap is a prohibited payment.

At the end of the tenancy

Return the deposit within 10 days of agreeing with the tenant how much they will get back. If you disagree, the scheme's free dispute resolution service decides, if you both agree to use it, and the deposit stays protected until the dispute is settled.

Tenancy Deposit Protection 30-Day Deadline (Wales)

Deadline to protect a deposit paid under an occupation contract in Wales and give the contract-holder the required information.

In Wales, a deposit paid under an occupation contract, by the contract-holder or on their behalf, must be dealt with under an authorised deposit scheme. Before the end of the 30 days starting with the day the deposit is paid, the landlord must complete the scheme's initial requirements and give the contract-holder the information set out in regulations. This is a fundamental provision, so it is a term of every occupation contract and cannot be changed.

Applies to: Deposits paid under an occupation contract in Wales
Protection deadline: 30 days starting with the day the deposit is paid
Information deadline: Same 30 days
Contract status: Fundamental provision in every occupation contract

Tenancy deposit protection - Scotland: pay into an approved scheme within 30 working days

What a landlord or letting agent must do to protect a tenancy deposit in Scotland under the Tenancy Deposit Schemes (Scotland) Regulations 2011, the three approved schemes, the information you must give the tenant, and the First-tier Tribunal penalty of up to three times the deposit.

If you take a deposit from a tenant in Scotland, you must protect it in a tenancy deposit scheme approved by the Scottish Ministers. The duty is in regulation 3 of the Tenancy Deposit Schemes (Scotland) Regulations 2011 (SSI 2011/176), made under sections 120 to 122 of the Housing (Scotland) Act 2006. It applies to a "relevant tenancy": one where the landlord is a person who must be registered as a landlord and the house is occupied by someone unconnected to them.

Protection is not optional and it is not delegated by default. If a letting agent lodges the deposit for you, the Letting Agent Code of Practice requires the agent to comply with the legislation, but you remain the landlord the tenant can take to the tribunal.

Deadline: Within 30 working days of the tenancy starting, pay the deposit to the scheme administrator of an approved scheme and give the tenant the prescribed information (regulation 3)
Approved schemes: Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland
No scheme needed if: The tenancy ends under section 48 or 50 of the Private Housing (Tenancies) (Scotland) Act 2016 and you return the whole deposit to the tenant within 30 working days of the tenancy starting (regulation 3(1A)). Landlords who live in the property, let to close family, let holiday accommodation, or have other exempt arrangements are also outside the rule (mygov.scot)
Information for the tenant: Deposit amount and date received, date paid to the scheme, property address, your landlord registration status, the scheme administrator's name and contact details, and the circumstances in which any part of the deposit may be kept (regulation 42). Give it within 30 working days, or within 30 working days of later payment into a scheme
Deposit paid in instalments: Provide updated information for each instalment and confirm the cumulative amount after the first (regulation 42(4))
Penalty: The First-tier Tribunal must order you to pay the tenant an amount not exceeding three times the deposit if you breach regulation 3 (regulation 10). It may also order you to pay the deposit into a scheme or to give the tenant the information
Tenant's time limit: A tenant can apply to the tribunal during the tenancy or up to 3 months after it ends (mygov.scot)
Enforced by: First-tier Tribunal for Scotland (Housing and Property Chamber), on application by the tenant

What you must do

Choose one of the three approved schemes before the tenancy starts. Each holds the deposit in a designated account and deals with disputes about repayment at the end of the tenancy.
Pay the deposit in within 30 working days of the tenancy start date. Send enough information for the scheme to identify you, the tenant, the tenancy and the property.
Give the tenant the prescribed information in the same 30 working days. The scheme also writes to you and the tenant confirming receipt and explaining the sanctions in regulations 9 and 10.
Tell your letting agent who lodges the deposit. The Letting Agent Code of Practice requires the agent to tell you about the statutory requirements, and, if it lodges the deposit, to comply with them.
At the end of the tenancy, try to agree the repayment with the tenant. If you agree, claim it from the scheme; if not, both sides follow the scheme's dispute rules.

Measures in the Housing (Scotland) Act 2025 will allow deposits that have gone unclaimed for five years to be used for private tenants' benefit. The Scottish Government says no start date has been set, and former tenants will still be able to reclaim a deposit if they can show good reason for missing the original timescales (gov.scot, read 30 September 2026).

mygov.scot - When you must protect a tenancy deposit (opens in a new tab)

Legal basis

Primary legislation and key regulations

Private Tenancies Act (Northern Ireland) 2022 Primary 2022 · N. Ireland Tenant Fees Act 2019 Primary 2019 · UK-wide Renting Homes (Wales) Act 2016 Primary 2016 · Wales The Private Tenancies (Northern Ireland) Order 2006 Primary 2006 · UK-wide Housing Act 2004 Primary 2004 · UK-wide Housing (Scotland) Act 2006 Primary 2006 · Scotland The Tenancy Deposit Schemes (Scotland) Regulations 2011 Scottish SI 2011 · Scotland The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 SI 2007 · England & Wales The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 SI 2026 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Tenancy deposit scheme information for landlords (nidirect) (opens in a new tab)

GOV.UK · Northern Ireland

Deposit protection schemes and landlords (opens in a new tab)

GOV.UK · England and Wales

Protection (opens in a new tab)

Protect a tenant's deposit in an approved scheme

What counts as a deposit

Protect the deposit and tell the tenant

Keep the deposit within the cap

At the end of the tenancy

Legal basis

Official guidance

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