Holding deposit rules in England

A holding deposit reserves a property while the landlord or agent checks the tenant. Under the Tenant Fees Act 2019 it is a permitted payment, but with limits.

The limits

• Amount: no more than one week's rent. The deposit cap calculator works out the figure.
• Holding period: 15 days, unless a different period is agreed in writing.
• Refundable: it is normally returned to the tenant.

When the landlord can keep it

GOV.UK says it can be kept if the tenant:

• gives false or misleading information to obtain the tenancy;
• changes their mind about renting the property;
• does not respond to requests for information, documents or action; or
• fails a Right to Rent check.

Deadlines

If the landlord keeps the holding deposit they must give their reasons in writing within 7 days. If it is returned, it must be repaid within 7 days. It can instead be put towards the first month's rent or the tenancy deposit, if that is agreed.

Related rules

See what fees a landlord can charge and the tenancy deposit rules, including the 30-day protection deadline for the tenancy deposit itself.

Related: the deposit protection deadline calculator and how long a landlord has to return a deposit.

Common questions

How much can a landlord take as a holding deposit?

No more than one week's rent.

How long does the landlord have to hold the property?

15 days, unless both sides agree a different period in writing.

When can a landlord keep a holding deposit?

If the tenant gives false or misleading information, changes their mind, does not respond to reasonable requests, or fails a Right to Rent check.

When must a holding deposit be returned?

Within 7 days, or the landlord must give written reasons within 7 days if they are keeping it.

Free tools for this

• Deposit cap: Maximum deposit and holding deposit for a given rent.

More guides

• What fees can a landlord charge in England?
• Tenancy deposit rules in England
• How much rent in advance can a landlord ask for?