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Tenancy deposit rules in England

The deposit cap, the 30-day protection deadline, what happens if a landlord misses it, and when the deposit must be returned.

By Charles Worth · Last checked 29 October 2026

Three sets of rules cover a tenancy deposit in England: a cap on the amount, a deadline to protect it, and a timetable for returning it. They apply to assured tenancies from 1 May 2026, as the old assured shorthold tenancies convert to the new system.

How much can a landlord ask for?

The Tenant Fees Act 2019 caps the deposit at five weeks of rent. If the annual rent is £50,000 or more, the cap is six weeks. One week of rent is the annual rent divided by 52. For example, rent of £1,000 a month is £12,000 a year, one week is about £230.77, and the cap is £1,153.84 (rounded down to the penny).

A holding deposit, paid to reserve a property, is capped at one week of rent. Try your own figures in the deposit cap calculator.

Protecting the deposit

Under section 213 of the Housing Act 2004 the landlord must put the deposit in a government-authorised scheme and give the tenant the prescribed information within 30 days beginning with the day the deposit is received. Counting that day as day one, the last day is the 30th, which is 29 days after receipt. The deposit deadline calculator works it out from the date received.

There are three authorised schemes in England: the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. Schemes are either custodial (the scheme holds the money) or insured (the landlord holds it). Each publishes its own guidance for landlords and tenants.

The deposit must be money. Shelter lists a deposit that is something other than money as one of the situations where a court cannot order possession.

What happens if the deadline is missed

Under section 214 a tenant can go to court. The court must order the landlord to repay the deposit or pay it into a scheme, and must order the landlord to pay the tenant between one and three times the deposit. From 1 May 2026 this applies to assured tenancies as well as to the old shorthold tenancies.

GOV.UK also says a landlord who has not protected the deposit properly cannot get possession, except under the antisocial behaviour grounds (7A and 14), and can usually fix the problem first. Shelter notes transitional exceptions, so if the tenancy began before 1 May 2026 check the position for your case.

Existing tenancies

Shelter says most existing shorthold tenancies became assured periodic tenancies on 1 May 2026 and are treated as one continuing tenancy. A landlord who had already protected the deposit during the shorthold tenancy does not need to protect it again.

Returning the deposit

GOV.UK says the deposit should be returned within 10 days of both sides agreeing how much goes back. It does not say whether that means calendar or working days, so the calculator counts calendar days, which is the cautious reading. If there is a dispute, the scheme's dispute resolution service can decide.

Rent in advance is separate

The Renters' Rights Act stops landlords relying on a term that requires rent in advance. The Act itself states no figure. GOV.UK describes the limit as up to one month of rent (28 days for tenancies shorter than a month) after signing and before the start date. This is separate from the deposit cap, and both limits apply.

Common questions

What is the maximum tenancy deposit in England?
Five weeks of rent, or six weeks where the annual rent is £50,000 or more. A holding deposit is capped at one week of rent.
How long does a landlord have to protect a deposit?
30 days beginning with the day the deposit is received, so the last day is 29 days after receipt. The prescribed information has to be given in the same time.
What is the penalty for not protecting a deposit?
A court must order repayment or protection of the deposit and must order a payment of between one and three times the deposit. This applies to assured tenancies from 1 May 2026.
How quickly must a deposit be returned?
GOV.UK says within 10 days of both sides agreeing the amount. It does not say whether those are calendar or working days.
Which deposit schemes are authorised in England?
The Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme.

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Sources

Last checked 29 October 2026. Found a mistake? Tell us.