Tenancy deposit protection: rules, deadlines & your rights (2026)
Direct answer
A landlord who takes a tenancy deposit for an assured shorthold tenancy in England must protect it in an approved scheme and serve prescribed information. Missing or late compliance can affect deductions, compensation claims, and legacy Section 21 notices.
The three approved schemes are the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS). You can check all three free of charge using your name and the property address.
Section 213 of the Housing Act 2004 sets two separate duties. First, your landlord must protect the deposit in an approved scheme within 30 days of receiving it. Second, within the same 30 days they must give you the 'prescribed information' - written details of the scheme, the deposit amount, the property address, the parties, how to get the deposit back, when deductions can be made, and the scheme's dispute resolution process. Missing either duty breaks the tenancy deposit protection rules.
If a deposit was not protected within 30 days, the landlord faces a penalty of 1 to 3 times the deposit amount. This right survives even if the deposit has been returned and even if the tenancy has ended - you have up to six years to claim.
The legal requirement: section 213 Housing Act 2004
The current regime continues deposit-protection duties for new assured tenancies and tenancies that were assured shorthold tenancies immediately before 1 May 2026. Within 30 days of receiving a covered money deposit, the landlord must use an authorised scheme and give the prescribed information. Transitional exceptions, including some pre-6 April 2007 or existing non-AST assured tenancies, require separate checking.
- Protect a covered money deposit in one of the three government-approved schemes
- Give the prescribed information to the tenant and any relevant person within the statutory period
The three government-approved schemes
The landlord chooses which scheme to use; the tenant cannot require a specific one. Each offers a custodial model (the scheme holds the money) and an insured model (the landlord holds it but the scheme insures it). You can check all three scheme websites free using your name, the property address, and the approximate tenancy start date.
- Deposit Protection Service (DPS): custodial and insured; free dispute resolution
- MyDeposits: custodial and insured; free dispute resolution
- Tenancy Deposit Scheme (TDS): custodial and insured; free dispute resolution
Prescribed information: what must be served and why it matters
Protecting the deposit is not enough on its own. The landlord must also serve the prescribed information within the same 30 days. If they used the scheme template but left fields blank, or served it to the wrong address, that may still be a failure to serve prescribed information - courts have held that substantial compliance is not the same as proper compliance.
- The name, address, and contact details of the scheme holding the deposit
- The amount of the deposit protected
- The tenancy address and the names of the landlord and tenant
- How the tenant applies for return of the deposit at the end of the tenancy
- The circumstances in which deductions may be made
- The scheme's dispute resolution procedure
Court remedies for non-compliance
If the section 214 statutory conditions are established, the court makes the applicable deposit order and orders a statutory sum between 1 and 3 times the deposit. The court selects the multiplier; there is no mechanical tariff. Late protection does not retrospectively make the original 30-day compliance timely. Legacy Section 21 and the current possession-order gateway use separate conditions, exceptions, and cure rules.
- Use Form N208 only after checking the statutory conditions and current court instructions.
- A returned deposit does not necessarily erase an earlier section 213 breach.
- Limitation and whether tenancy periods create separate claims are fact-specific and should be checked before issue.
What landlords can and cannot deduct from your deposit
Deductions must be reasonable, evidenced, and proportionate, and the burden of proof is on the landlord. The signed check-in inventory and the check-out report are the two most important documents in any dispute; a landlord with no check-in inventory will struggle to prove deductions.
- Can deduct for: damage beyond fair wear and tear, unpaid rent, cleaning to restore the check-in standard, and replacing missing items.
- Cannot deduct for: fair wear and tear such as minor scuffs and carpet fading, pre-existing damage not recorded at check-in, or improvements beyond restoring the original state.
How to dispute deposit deductions: ADR step by step
All three schemes offer free dispute resolution. Both landlord and tenant must agree to use it. The scheme asks both sides for evidence and the resulting decision about the deposit is final within the scheme. Referral, evidence, and decision timetables are scheme-specific.
- Notify the landlord in writing, identifying the deductions disputed and the evidence.
- Contact the scheme promptly because it may impose a referral limit.
- Gather the tenancy agreement, inventories, dated photographs, receipts, and correspondence.
- Follow the current scheme evidence deadline and instructions.
- If both sides do not agree to scheme ADR, obtain advice about the court route.
Free checkers
- Deposit checker
Check whether your deposit was protected, prescribed information served, and whether deductions appear justified. - Tenant rights guide
All eight tenant rights explained with links to the relevant free checker.
Related guidance inside this topic
- If your next step turns on your tenancy, read rent upfront guide.
- For the dates, forms, and evidence behind deposit protection and deduction disputes, see deposit checker before you respond.
- If this issue overlaps with deposit protection and deduction disputes, check Section 21 prescribed information validity guide to compare the legal tests.
- For a fuller breakdown of deposit protection and deduction disputes, use Deposit not protected and Section 21 for the underlying rule set.
- If you need the route-specific rules on deposit protection and deduction disputes, start with deposit compensation claims guide so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 2004
Primary statute for tenancy deposit protection, HMO licensing, and local authority housing hazard enforcement. - GOV.UK: tenancy deposit protection
Government guidance on deposit protection schemes, deadlines, prescribed information, and dispute routes. - Citizens Advice: housing
Independent advice guidance for private renters, including deposits, rent increases, repairs, eviction, and landlord disputes.
Related articles
- Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Renter questions answered
Plain-English answers to the most-asked questions from private renters in England: eviction, deposits, rent increases, repairs, illegal eviction, and pets. - Section 21 validity outcome guides
Primary Section 21 validity hub: all 72 outcome guides from the checker, grouped by deposit protection, prescribed documents, notice timing, licensing, and retaliatory eviction. - Deposit protected late? Section 21 may be invalid
How late deposit protection after the 30-day deadline affects a legacy Section 21 notice. - Tenant checklist England 2026
A stage-by-stage checklist for issues before move-in, during the tenancy, and at move-out.
Common questions
- How do I check if my deposit is protected?
- You can check directly on the websites of all three government-approved schemes: the Deposit Protection Service (DPS) at depositprotection.com, MyDeposits at mydeposits.co.uk, and the Tenancy Deposit Scheme (TDS) at tenancydepositscheme.com. Each site has a free tenant search function. If the deposit does not appear in any scheme, it may not have been protected, so run the deposit checker to assess your options.
- What is prescribed information and why does it matter?
- Where the Housing Act 2004 deposit regime applies, the landlord must give the prescribed information within 30 days of receiving the deposit. It identifies the scheme, parties and property, and explains repayment, deductions, and disputes. Missing or late information can support a section 214 application. Legacy Section 21 and the current possession-order gateway have separate rules, exceptions, and cure provisions.
- Can my landlord keep my full deposit?
- Only in very unusual circumstances, for example, if you have caused damage far beyond fair wear and tear, left substantial unpaid rent, or breached multiple tenancy obligations. Deductions must be itemised and evidenced. The landlord cannot deduct for general wear and tear, pre-existing damage, or anything not covered in the original inventory. If you dispute a deduction, raise it through the scheme's free ADR process.
- What is the deposit cap in England?
- Under the Tenant Fees Act 2019, the maximum deposit a landlord can charge is the equivalent of five weeks' rent (for annual rent below £50,000) or six weeks' rent (for annual rent of £50,000 or more). Any amount charged above this cap is unlawful and must be returned. A charge described as a 'security deposit', 'bond', or 'holding deposit' may fall within the cap rules depending on how it is structured.
- What happens if my landlord didn't protect my deposit?
- If the Housing Act 2004 regime applied and the deposit was not protected in an approved scheme within 30 days, you can consider a county court application under section 214. If the statutory conditions are established, the court makes the applicable deposit order and orders a statutory sum between 1 and 3 times the deposit. Late protection or return does not retrospectively make the original 30-day compliance timely. Limitation and whether separate tenancy periods create separate claims require fact-specific legal advice.
- How does the ADR process work?
- All three approved deposit schemes offer free dispute resolution. Both landlord and tenant must agree to use it. The scheme asks both sides for evidence and its decision on the deposit is final within the scheme. Each scheme sets its own referral and evidence deadlines, so check the scheme rules promptly. If the parties do not agree to ADR, a court route may be needed.
- How long does a landlord have to return my deposit?
- GOV.UK states that the landlord must return the deposit within 10 days after landlord and tenant agree how much will be returned. If the amount is disputed, the deposit remains protected until the dispute is resolved. The scheme's own referral and release rules should be checked promptly.
- Can I claim compensation if my deposit was protected late?
- Late protection does not retrospectively satisfy the original 30-day deadline. Whether section 214 applies depends on the tenancy, deposit, dates, statutory conditions, and evidence. If liability is established, the court selects a sum between 1 and 3 times the deposit; this service does not predict a multiplier.
- How long does a landlord have to return a deposit in England?
- GOV.UK states that the deposit must be returned within 10 days after landlord and tenant agree how much will be returned. If the amount is disputed, the deposit stays protected until resolution; check the scheme's own referral and release rules promptly.
- What happens if my deposit is not protected?
- Under section 213 of the Housing Act 2004, a landlord who receives a covered tenancy deposit must protect it and give prescribed information within 30 days. If section 214's conditions are established, the court can make the applicable deposit order and determines a statutory sum between 1 and 3 times the deposit. Legacy Section 21 and the current possession-order gateway have separate conditions, exceptions, and cure rules.
- Can I claim compensation for an unprotected deposit?
- A tenant can consider a county court application under section 214 where the statutory deposit regime applied and its conditions are met. Late protection or return does not retrospectively make the original 30-day compliance timely. The available deposit order, statutory sum, limitation date, and whether different tenancy periods create separate claims require the dates and evidence to be checked.
- Which tenancy deposit scheme is my deposit in?
- Your landlord must tell you in the prescribed information which of the three schemes holds your deposit: the Deposit Protection Service (depositprotection.com), MyDeposits (mydeposits.co.uk), or the Tenancy Deposit Scheme (tenancydepositscheme.com). You can also search each scheme's free tenant lookup using your name, the property address, and the tenancy start date.
- What is prescribed information and what must it include?
- Prescribed information is the written deposit information your landlord must give you within 30 days of receiving the deposit. It must include: the scheme name and address; the deposit amount; the tenancy address; the names of the landlord and tenant; how to apply for return of the deposit; the circumstances in which deductions may be made; and the scheme's dispute resolution procedure.
- Can a landlord serve a Section 21 if the deposit isn't protected?
- Section 215 can bar reliance on a legacy Section 21 notice, but the deposit date, protection and prescribed-information history, return of the deposit, and any section 214 proceedings matter. New Section 21 notices cannot be served from 1 May 2026. Under current law, deposit compliance also gates most assured-tenancy possession grounds, subject to statutory exceptions and cure routes.
Use the interactive checker on getrentersrights.com for the full step-by-step result.