A tenancy deposit is money you pay a landlord at the start of a tenancy as security against unpaid rent or damage. In England the amount is capped by law, and your landlord must protect it in a government-backed scheme. This guide explains the caps, the schemes, and how to get your money back when you move out.
This is part of our guide to renting a home in the UK. It is general information, not legal advice.
How much can a deposit be?
| Payment | Legal cap |
|---|---|
| Security deposit (annual rent under £50,000) | Maximum five weeks’ rent |
| Security deposit (annual rent £50,000 to £100,000) | Maximum six weeks’ rent |
| Holding deposit (to reserve a property) | Maximum one week’s rent |
These caps come from the Tenant Fees Act 2019. A holding deposit is normally put toward your first rent or deposit once you move in. If a landlord asks for more than the cap, that is not allowed.
Your deposit must be protected
Within 30 days of receiving your deposit, your landlord or agent must place it in one of three government-approved tenancy deposit protection schemes:
- Deposit Protection Service (DPS)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
They must also give you the scheme details and prescribed information within those 30 days. There are two models: a custodial scheme, where the scheme holds your money, and an insurance scheme, where the landlord keeps it but insures it. Either way your deposit is protected if a dispute arises.
How to check your deposit is protected
If you are not sure your deposit is protected, contact the three schemes and use their “is my deposit protected?” tool with your tenancy details. If your landlord did not tell you which scheme they used, check all three. This is worth doing early, not just at move-out.
Getting your deposit back
At the end of the tenancy, once you and the landlord agree how much you get back, the deposit must be returned within 10 days. If you disagree over deductions, your scheme offers a free dispute resolution service that reviews the evidence and decides. To protect yourself, take dated photos at move-in and move-out and keep the inventory.
If your landlord does not protect your deposit
Deposit protection is a legal duty, not an optional extra. If a landlord fails to protect your deposit or does not give you the prescribed information, you can take them to the county court. The court can order them to pay you between one and three times the deposit amount. This is one of the strongest protections in the tenant rights framework.
Deposits and your wider budget
A deposit plus one month’s rent in advance is a significant upfront cost, so plan for it alongside your other moving expenses. Our money guide for newcomers covers budgeting, banking and everyday costs when you first arrive.
Frequently asked questions
What is the maximum deposit a landlord can ask for?
Five weeks’ rent where the annual rent is under £50,000, or six weeks’ rent where it is between £50,000 and £100,000. A separate holding deposit to reserve a property is capped at one week’s rent.
How quickly must my deposit be protected?
Within 30 days of the landlord receiving it. They must also give you the scheme details and prescribed information in the same period.
How do I know which scheme holds my deposit?
Your landlord should tell you. If not, contact all three schemes, DPS, MyDeposits and TDS, and use their online checker with your tenancy details.
How long does it take to get my deposit back?
Within 10 days of you and the landlord agreeing the amount. If you dispute deductions, the scheme’s free resolution service will decide, which takes longer.
What if the landlord makes unfair deductions?
Do not agree to the deduction. Raise a dispute with your protection scheme and submit your evidence, such as your inventory and move-in and move-out photos. An adjudicator will review it for free.
Sources: GOV.UK: Tenancy deposit protection, GOV.UK: Tenant Fees Act 2019.
