Tenancy deposits in England: limits, protection and getting your money back
A tenancy deposit is money held as security against unpaid rent, damage or other breaches of a rental agreement. In England, the rules distinguish between a holding deposit paid while checks are carried out and a tenancy or security deposit connected with the home itself. Before paying either, ask for the amount, purpose and refund conditions in writing.
How much can be requested?
A refundable holding deposit can normally be no more than one week’s rent. It reserves the property while the landlord or agent carries out checks. A tenancy deposit is usually capped at five weeks’ rent when annual rent is below £50,000 and six weeks’ rent when annual rent is £50,000 or more. Keep a receipt or bank record showing who received the money and what it was for.
From 1 May 2026, assured periodic tenancies replaced assured shorthold tenancies in England. Government guidance says a landlord or letting agent must not ask for rent before both sides sign the tenancy agreement. During the period after signing and before the tenancy starts, the amount of rent requested in advance is also restricted in most ordinary cases. Do not transfer money simply because an advert claims there is strong demand; verify the property, agent and agreement first.
The 30-day protection rule
For a qualifying tenancy, the landlord or agent must protect the deposit in a government-approved tenancy deposit protection scheme within thirty days of receiving it. The approved schemes listed by GOV.UK are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. Protection is required even when a parent, council programme or another third party paid the deposit for the tenant.
Within the same thirty-day period, the tenant must receive prescribed information. This includes the property address, deposit amount, scheme contact details, how to request repayment, reasons deductions may be made and what happens if the landlord cannot be contacted or a dispute occurs. Check these details as soon as they arrive and keep them with the tenancy agreement.
Protect yourself at move-in
Read the inventory carefully and report missing items, marks or damage in writing. Take dated photographs of every room, including floors, walls, appliances and meter readings. Save emails and inspection reports rather than relying on telephone conversations. This evidence helps distinguish new damage from reasonable wear and tear when the tenancy ends.
Refunds and disputes
When both sides agree the amount to be returned, the landlord must repay the deposit within ten days. If there is disagreement, the approved scheme can hold the money until the issue is resolved and offers a free dispute-resolution service. Both sides submit evidence, so the original inventory, dated photographs, payment records and checkout report are important.
If the deposit was not protected, the tenant may be able to apply to the county court. Before starting a claim, write to the landlord and agent with the evidence and requested remedy. Housing rules can be fact-specific, so advice from Citizens Advice, Shelter or a qualified housing adviser may be appropriate where a large amount or possession proceedings are involved.
Practical checklist
- Calculate one week’s rent and the five- or six-week tenancy deposit cap.
- Never pay without identifying the landlord, agent and property.
- Ask which approved scheme will protect the deposit.
- Check that protection and prescribed information arrive within thirty days.
- Record the condition at move-in and move-out with dated evidence.
- Contact the scheme promptly if deductions cannot be agreed.
Jurisdiction note: this guide focuses on England. Wales has related but distinct tenancy law, while Scotland and Northern Ireland operate separate deposit-protection arrangements.
Official sources
- GOV.UK: Tenancy deposit protection
- GOV.UK: Rent in advance and deposits
- GOV.UK: Deposit disputes and problems
