Tenancy deposits in England: protection, deductions and getting your money back

Most private tenants pay a deposit when they move in. The law sets clear rules about how much a landlord can take, where the money must be held and how it comes back at the end. This guide explains those rules for private tenancies in England, with notes on where Wales is different. It is general information, not advice on your situation.

What changed on 1 May 2026

The Renters' Rights Act 2025 changed how private renting works in England. From 1 May 2026, most existing assured shorthold tenancies automatically became assured periodic tenancies, and new private tenancies are assured periodic tenancies that run on a rolling basis rather than for a fixed term. Landlords can no longer use the "no fault" section 21 process to end a tenancy, and must rely on a legal ground for possession instead. The government summarises the changes in its Renters' Rights Act overview for tenants (opens in a new tab).

The deposit protection rules survived these reforms. If you rent your home on an assured periodic tenancy, your landlord must still protect your deposit, and the link between deposit protection and possession has been strengthened.

How much can a landlord take?

The Tenant Fees Act 2019 (opens in a new tab) caps tenancy deposits in England. The limit is five weeks' rent where the total annual rent is less than £50,000, and six weeks' rent where it is £50,000 or more. A holding deposit, paid to reserve a property before the tenancy is agreed, is capped at one week's rent.

If a landlord or agent asks for more than the law allows, the excess is a prohibited payment. Your local council's trading standards team enforces the Act, and you can also recover prohibited payments through the courts.

Where your deposit must be held

Your landlord or letting agent must put your deposit into one of the government-approved tenancy deposit protection schemes within 30 days of receiving it. According to GOV.UK's tenancy deposit protection guide (opens in a new tab), the approved schemes in England and Wales are:

• the Deposit Protection Service
• mydeposits (including deposits that were held by Capita)
• the Tenancy Deposit Scheme

The rule applies even if someone else paid the deposit for you, such as a parent or a council rent deposit scheme. A holding deposit does not have to be protected while it is only a holding deposit, but once you become the tenant and it is treated as your deposit, it must be protected.

Within the same 30 days, the landlord must also give you the "prescribed information". This includes the scheme's details, how much is protected, the address of the property, how to get the deposit back and what happens if there is a dispute. The underlying rules are in Chapter 4 of Part 6 of the Housing Act 2004 (opens in a new tab).

How to check your deposit is protected

Each scheme has an online search where you can check whether a deposit is registered, usually using your surname, postcode and the amount. If you have the certificate or the prescribed information, it should name the scheme. If you cannot find your deposit in any of the three schemes, ask your landlord or agent in writing which scheme they used and ask for the reference.

Getting your deposit back

At the end of the tenancy your landlord should return the deposit within 10 days of you both agreeing how much you will get back. If you cannot agree, the disputed amount stays protected in the scheme until the issue is resolved.

A landlord can only make deductions that are justified by the tenancy agreement and the evidence, for example:

• unpaid rent
• damage beyond fair wear and tear
• items missing from the inventory
• reasonable cleaning, where the property was left less clean than at the start

Fair wear and tear is the natural deterioration that happens through normal use over time, such as slightly faded paintwork or light marks on carpets in walkways. The landlord generally cannot charge you to put the property into better condition than it was in when you moved in.

Evidence matters most

Deposit disputes are usually decided on evidence. The most useful documents are:

• the check-in inventory, ideally with dated photographs, and any comments you added
• the check-out report
• your own dated photos and videos from moving in and moving out
• emails and messages about repairs or problems during the tenancy
• receipts for professional cleaning or repairs you arranged

If you are still living in the property, it is worth taking a careful set of photographs before you hand back the keys.

If you disagree with the deductions

Each approved scheme offers a free dispute resolution service, where an independent adjudicator looks at the evidence from both sides and decides how the disputed amount should be split. The schemes explain their own rules and time limits on their websites. Using a scheme's dispute service is often quicker and cheaper than going to court, but you can also make a claim in the county court, and small amounts are normally dealt with on the small claims track. See our small claims guide for how that process works.

If your deposit was not protected

If your landlord failed to protect your deposit within 30 days, or failed to give you the prescribed information, you can apply to the county court. Under section 214 of the Housing Act 2004 (opens in a new tab), if the court finds that the landlord did not comply, it must order the landlord to pay you compensation of at least the amount of the deposit and no more than three times that amount. The court can also order the deposit to be repaid or protected.

There is a second consequence for the landlord. The government's guidance for landlords explains that a court will only make a possession order if the deposit was protected and the correct information given, the deposit was returned (in full or with agreed deductions), or a court claim about the deposit has been decided, settled or withdrawn. You can read this in the Renters' Rights Act overview for landlords (opens in a new tab).

Before going to court, it is usually sensible to write to the landlord setting out the problem and what you want, and to keep a copy.

Wales is different

Wales has its own system under the Renting Homes (Wales) Act 2016, where most tenants are "contract-holders" with an "occupation contract". Deposits must still be protected in an approved scheme, but some of the procedures and consequences differ. If your home is in Wales, check Shelter Cymru (opens in a new tab) and the Welsh Government's guidance before relying on the England rules described here.

A quick checklist

• Check the deposit is no more than the legal cap.
• Within 30 days of paying, confirm which scheme holds it and that you have the prescribed information.
• Keep the inventory and your own photos safe.
• At the end, agree deductions in writing or use the scheme's free dispute service.
• If the deposit was never protected, consider a county court claim, and get advice first.

Where to get help

Shelter's housing advice pages (opens in a new tab) and Citizens Advice (opens in a new tab) both cover deposits in detail and can help you check your position. Your local council may also be able to help with prohibited fees. To find a solicitor, search the Law Society's Find a Solicitor (opens in a new tab) and check any firm on the SRA register (opens in a new tab). Our free legal help page lists free options.

Sources

1. Renters' Rights Act overview for tenants (opens in a new tab) (gov.uk)
2. Tenant Fees Act 2019 (opens in a new tab) (legislation.gov.uk)
3. GOV.UK's tenancy deposit protection guide (opens in a new tab) (gov.uk)
4. Chapter 4 of Part 6 of the Housing Act 2004 (opens in a new tab) (legislation.gov.uk)
5. section 214 of the Housing Act 2004 (opens in a new tab) (legislation.gov.uk)
6. Renters' Rights Act overview for landlords (opens in a new tab) (gov.uk)
7. Shelter Cymru (opens in a new tab) (sheltercymru.org.uk)
8. Shelter's housing advice pages (opens in a new tab) (england.shelter.org.uk)
9. Citizens Advice (opens in a new tab) (citizensadvice.org.uk)
10. Law Society's Find a Solicitor (opens in a new tab) (solicitors.lawsociety.org.uk)
11. SRA register (opens in a new tab) (sra.org.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.