Protect tenant deposits within 30 days

Guide summary

Protect your tenant's deposit with a government-approved scheme within 30 days of getting it. Give the tenant written information about the scheme within the same time. If you do not protect the deposit, a court can order you to pay the tenant up to 3 times the deposit value and you will lose your right to evict the tenant without a reason.

Protect the deposit within 30 calendar days (England and Wales)
Protect the deposit within 28 calendar days (Northern Ireland)
Protect the deposit within 30 working days (Scotland)
Give the tenant prescribed information within the same deadline
Prescribed information must say the deposit HAS been protected
Penalty for not protecting: court orders 1 to 3 times the deposit paid to tenant
You lose your Section 21 eviction right if you do not protect the deposit
In England, the maximum deposit is 5 weeks' rent (or 6 weeks for rent over £50,000)

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 (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)

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 (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 Housing Act 2004 (HHSRS framework) Primary 2004 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Regulator of Social Housing (opens in a new tab)

RSH

Fees you can charge as part of a tenancy (opens in a new tab)

MHCLG

Welsh Government - Renting Homes guidance (opens in a new tab)

www.gov.wales

Developing a tourist accommodation registration scheme in England (opens in a new tab)

DCMS

Estate agents: your responsibilities (GOV.UK) (opens in a new tab)

GOV.UK

Fire safety risk assessment - sleeping accommodation (opens in a new tab)

Publication · Home Office

Protect tenant deposits within 30 days

Deposit amount limits

Legal basis

Official guidance

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