How deposits must be protected, the five-week cap, what landlords can deduct, how free dispute resolution works, and what changed for renters in May 2026.
This guide gives general information about the law in England and Wales, not legal advice about your situation.
A tenancy deposit is usually the largest sum a renter hands over, and disputes over it are common. In England, the law sets strict rules on how much a landlord can take, where the money must be held, and how deductions are decided. This guide covers each stage, from moving in to getting your money back.
How much can a landlord take?
Under the Tenant Fees Act 2019, a tenancy deposit is capped at five weeks' rent if the annual rent is under £50,000, or six weeks' rent if it is £50,000 or more. A holding deposit to reserve a property is capped at one week's rent. Since 1 May 2026, under the Renters' Rights Act 2025, private landlords and agents also cannot ask for more than one month's rent in advance.
Protection: the 30-day rule
If you have an assured tenancy (which most private tenancies in England now are), your landlord must place your deposit in a government-approved tenancy deposit protection scheme within 30 days of receiving it. There are three schemes:
- Deposit Protection Service (DPS)
- mydeposits
- Tenancy Deposit Scheme (TDS)
Within the same 30 days, the landlord must give you the prescribed information: which scheme holds the deposit, how to get it back, and what to do if there is a dispute. You can check whether your deposit is protected by searching each scheme's website with your details.
If the deposit is not protected
If your landlord fails to protect the deposit or give the prescribed information on time, you can apply to the County Court. The court can order the landlord to protect or repay the deposit and to pay you compensation of between one and three times the deposit.
Protect yourself at the start
- Get a detailed inventory and check-in report, ideally with dated photos or video of every room.
- Note anything you disagree with in writing within the time the landlord or agent gives you, and keep a copy.
- Keep all paperwork: the tenancy agreement, the prescribed information and every receipt.
What a landlord can deduct?
Deductions must be for a genuine loss allowed by the tenancy agreement, such as unpaid rent, damage beyond normal use, or missing items. A landlord cannot charge for fair wear and tear, the natural deterioration from ordinary living. Examples:
- Lightly worn carpet after several years: usually wear and tear.
- Burns, large stains or pet damage: usually chargeable.
- A deduction should reflect the item's age. A landlord should not get a brand-new carpet at your expense to replace a ten-year-old one.
Getting your deposit back: step by step
- Before you leave, clean thoroughly, fix minor damage you caused, and take dated photos of every room.
- Return all keys and give your forwarding address in writing.
- Ask in writing for the deposit back. Once you and the landlord agree the amount, the scheme should return it within 10 days.
- If you disagree with deductions, raise a dispute with the scheme. Each scheme offers free alternative dispute resolution (ADR), where an adjudicator decides based on evidence from both sides. Both sides must usually agree to use it; otherwise you can go to court.
- Send clear evidence: the check-in and check-out reports, photos and receipts. The landlord must show why deductions are justified.
Other changes from 1 May 2026
The Renters' Rights Act 2025 abolished section 21 "no-fault" evictions for private tenancies, converted fixed-term tenancies into rolling periodic ones (tenants can usually leave with two months' notice) and limited rent increases to once a year. The deposit protection rules still apply.
Frequently asked questions
Does this apply in Wales or Scotland?
Each has its own deposit rules and schemes. This guide covers England.
Can my landlord keep the deposit for unpaid bills?
Only if the tenancy agreement allows it and the loss is genuine.
Sources and further reading
- GOV.UK: Tenancy deposit protection
- GOV.UK: Tenant Fees Act 2019 guidance for tenants
- GOV.UK: When will the Renters' Rights Act come into force? (30 April 2026)
- legislation.gov.uk: Housing Act 2004, sections 212 to 215
Facts checked on 20 October 2026. Spotted an error? Tell us and we will correct it.