In short: A deposit in England is capped at five weeks' rent, must be protected in an approved scheme within 30 days, and an unprotected deposit now blocks possession as well as attracting a penalty.

Updated 28 September 2026

The key facts

  • Five weeks' rent is the cap where the annual rent is under £50,000, six weeks above it. Tenant Fees Act 2019, England.
  • 30 days to protect. The deposit must be registered with an approved scheme and the prescribed information served within 30 days of receipt. Housing Act 2004, s.213.
  • One to three times the deposit. The county court penalty for failing to protect, payable to the tenant. Housing Act 2004, s.214.
  • No possession while unprotected. A court cannot make a possession order on most Section 8 grounds until the deposit rules are complied with. Housing Act 2004, s.215, as rewritten by the Renters' Rights Act 2025.
  • 10 days to return the agreed amount once landlord and tenant settle what comes back. Gov.uk deposit protection guidance.

In this article:

  1. How much can a tenancy deposit be?
  2. How do you calculate a five-week deposit?
  3. Which deposit protection schemes are approved?
  4. What are the rules for protecting a deposit?
  5. What happens if a landlord does not protect the deposit?
  6. What can be deducted from a deposit?
  7. How is the deposit returned at the end of the tenancy?
  8. What are the alternatives to a cash deposit?
  9. Sources

How much can a tenancy deposit be?

Five weeks' rent is the maximum security deposit in England where the annual rent is below £50,000, and six weeks' rent where it is £50,000 or more, under the Tenant Fees Act 2019. The £50,000 threshold works out at £4,166.67 a month.

A holding deposit of up to one week's rent is usually taken when an offer is agreed, to hold the property while referencing and right-to-rent checks run. Once the tenancy agreement is signed, the tenant tops the holding deposit up to the full security deposit and pays it with the first rent payment. The caps are English law: Scotland limits deposits to two months' rent under its own legislation, and Wales has its own regime, so this guide covers England. Our guide to letting a property yourself covers the deposit alongside the other set-up steps.

How do you calculate a five-week deposit?

Multiply the monthly rent by 12, divide by 52 to get the weekly rent, then multiply by five. The deposit is based on weekly rent even when the property is marketed at a monthly figure.

Worked example on a rent of £1,100 a month: £1,100 x 12 gives £13,200 a year, £13,200 divided by 52 gives £253.85 a week, and £253.85 x 5 gives a maximum deposit of £1,269.23.

Which deposit protection schemes are approved?

Three schemes are government-approved in England: the Tenancy Deposit Scheme (TDS), the Deposit Protection Service (DPS) and mydeposits. Protection has been a legal requirement since 6 April 2007 under the Housing Act 2004.

Each scheme offers two types of protection. In a custodial scheme the scheme holds the money itself, free of charge. In an insured scheme the landlord or agent holds the deposit in a ring-fenced account as stakeholder and pays the scheme a fee to insure it. Custodial is the simpler route for most landlords, because the money sits with the scheme and neither side can touch it without agreement.

What are the rules for protecting a deposit?

The deposit must be protected with an approved scheme within 30 days of the landlord receiving it, under Housing Act 2004, section 213, and the tenant must be given the prescribed information within the same window.

The prescribed information covers: the address of the property, the amount of the deposit, how it is protected, the scheme's name and contact details and its dispute resolution service, the landlord's or agent's contact details, the details of any third party who paid the deposit, the circumstances in which deductions can be made, how the tenant applies for the deposit back, what to do if the landlord cannot be contacted at the end of the tenancy, and what happens in a dispute. If you let through our platform, Get Rented registers the deposit for you and serves the paperwork.

What happens if a landlord does not protect the deposit?

The tenant can claim one to three times the deposit through the county court, and the landlord cannot get possession on most grounds until the failure is put right. Both sanctions sit in the Housing Act 2004: the penalty under section 214, the possession bar under section 215 as rewritten by the Renters' Rights Act 2025.

The possession bar deserves emphasis, because it changed on 1 May 2026. Before then, an unprotected deposit invalidated a Section 21 notice. Section 21 has gone, and the rewritten rule reaches further: a court cannot make a possession order on any Section 8 ground except the anti-social behaviour grounds unless the deposit is properly protected with the prescribed information served, or has been returned. The NRLA's guidance on the Act sets out the detail. A section 214 claim can be brought up to six years after the failure, using Court Form N208 under Part 8 of the Civil Procedure Rules. In deciding the penalty, courts weigh whether the landlord should have known their responsibilities, acted in bad faith, or took steps to put the failure right.

A tenant who is unsure whether their deposit is protected can check with any of the three schemes online or by phone: DPS 0330 303 0030, TDS 0300 037 1000, mydeposits 0333 321 9401. The search needs the deposit amount, surname and property address.

What can be deducted from a deposit?

Unpaid rent, unpaid bills the tenant was liable for, damage beyond fair wear and tear, missing or damaged contents, cleaning back to the check-in standard, removal of belongings left behind, and call-out costs the tenant caused, such as unreplaced light bulbs, provided the tenancy agreement allows the deduction and the evidence supports it.

Deductions cannot cover the landlord's own obligations. Structural maintenance, heating, electrics and sanitary ware are the landlord's responsibility, and their cost never comes out of the deposit. Tenants in turn must behave in a tenant-like manner: small jobs such as bleeding radiators, descaling sinks and changing bulbs are theirs, and they must report problems promptly or risk being charged for the extra damage late reporting causes. The evidence that settles almost every deduction argument is the paperwork, which is why an inventory protects the deposit.

How is the deposit returned at the end of the tenancy?

The agreed amount must be returned within 10 days of landlord and tenant settling what comes back, according to gov.uk's deposit protection guidance. The landlord proposes any deductions, normally built from the check-in and check-out reports, and cannot take money without the tenant's agreement.

If the two sides cannot agree, the undisputed portion is returned and the disputed amount goes to the scheme's independent adjudication, which is free. Adjudicators lean heavily on the inventory, schedule of condition, check-in and check-out reports and any mid-tenancy inspection records. The scheme's decision is final within the scheme, although either side can still take the matter to the county court.

What are the alternatives to a cash deposit?

A landlord can take no deposit at all, or accept a zero-deposit guarantee policy, and nothing in the law requires a deposit to be taken.

Zero-deposit products typically cost the tenant one week's rent plus a small monthly fee. If the property comes back clean and the rent is paid, the guarantee simply ends. If there are damages or arrears, the tenant remains liable for the money, and unresolved disputes go to the same adjudication route as a protected cash deposit. The trade-off is that the tenant pays for a policy rather than parking their own refundable money, which is worth spelling out to applicants who ask.

Sources

Legislation

Government

Sector

This guide is general information for landlords and tenants in England, not legal advice. It reflects the law in force at the date above.

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