Tenancy deposit protection: rules, deadlines & your rights (2026)

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

Section 213 of the Housing Act 2004 imposes an absolute duty on any landlord who receives a deposit for an assured shorthold tenancy in England. Within 30 days of receiving the money they must protect the deposit and serve the prescribed information. There is no grace period - the clock starts on the day the deposit is received, even if that is before the tenancy begins. Any clause purporting to let the landlord hold the deposit outside a scheme is void.

• Protect the deposit in one of the three government-approved schemes
• Serve prescribed information on the tenant (and any relevant person, such as a guarantor)

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

Penalties for non-protection: 1 to 3 times the deposit

Under section 214 of the Housing Act 2004, if a landlord fails to protect the deposit or serve prescribed information within 30 days, a court must order the deposit returned and order the landlord to pay a penalty of between 1 and 3 times the deposit within 14 days. The multiplier depends on how long the deposit stayed unprotected and whether the failure was deliberate. Non-protection also prevents a valid legacy Section 21 notice.

• Late protection after the 30-day deadline does not cure the original breach.
• The penalty claim survives even if the deposit has since been returned in full.
• You have up to 6 years from the end of the tenancy to claim.

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 Alternative Dispute Resolution (ADR). Either party can refer the disputed amount; the undisputed portion must still be released promptly. The adjudicator's decision is binding, with no further appeal within the scheme.

• Notify the landlord in writing, setting out which deductions you dispute and why, with a short deadline to reconsider.
• Submit the dispute to the scheme online if unresolved; there is no fee.
• Gather evidence: tenancy agreement, check-in and check-out inventories, dated photographs, receipts, and correspondence.
• Submit your evidence statement by the scheme deadline; late evidence is not considered.
• Await the binding written decision, usually within 28 days.

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.

Common questions

How do I check if my deposit is protected?

Check all three scheme websites: depositprotection.com (DPS), mydeposits.co.uk, and tenancydepositscheme.com (TDS). Each has a free tenant search using your name and property address.

What happens if my landlord didn't protect my deposit?

You can claim 1 to 3 times the deposit amount in the county court under section 214 of the Housing Act 2004. This applies even if the deposit was later protected out of time, or has since been returned. You have six years from the end of the tenancy to bring a claim.

Can my landlord keep my full deposit?

Only in very unusual circumstances. Deductions must be itemised and evidenced. The landlord cannot deduct for fair wear and tear, pre-existing damage, or anything not in the original inventory. Disputes go through the scheme's free ADR process.

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.

What is Section 213 of the Housing Act 2004?

Section 213 of the Housing Act 2004 is the law that requires your landlord to protect your deposit in an approved scheme and to serve the prescribed information, both within 30 days of receiving the deposit. If they fail either duty, you can claim a penalty of 1 to 3 times the deposit under section 214, and a legacy Section 21 notice is barred under section 215.

Can a landlord serve a Section 21 if the deposit isn't protected?

No. Non-protection bars a legacy Section 21 notice under section 215 of the Housing Act 2004. Under the post-1 May 2026 regime, the landlord must use Section 8 anyway, but the penalty claim for deposit non-protection remains available regardless.

Use the interactive checker on getrentersrights.com for the full step-by-step result.