Last substantively reviewed: 7 September 2026
Landlords who take a tenancy deposit must protect it in an approved scheme and give the required information within a strict deadline. This guide explains the deposit cap, protection and information duties, evidence for deductions, dispute resolution and the consequences of getting it wrong. England and Wales share approved schemes and a 30-day protection deadline, but Wales uses occupation contracts. Scotland and Northern Ireland have separate schemes, deadlines and remedies. Use the rules for the property location.
Use this guide quickly
England and Wales: the core protection steps
For a private tenancy in England or a relevant occupation contract in Wales, a landlord or agent must:
- Protect the deposit in one of the three government-approved schemes within 30 days of receiving it
- Give the required scheme information within the same 30-day period – the prescribed details are not identical in England and Wales
- Return the deposit at the end of the tenancy, less any agreed deductions
These England/Wales rules apply even where a parent, guarantor or other third party paid the deposit. The Scotland and Northern Ireland sections below have different deadlines and should not be treated as exceptions to this list.
Deposit cap: do not apply England rules across the UK
England: under the Tenant Fees Act 2019, a tenancy deposit is capped at:
- 5 weeks’ rent where annual rent is under £50,000
- 6 weeks’ rent where annual rent is £50,000 or more
Wales: standard occupation contracts are subject to separate Welsh fees legislation. Check the current Welsh requirements before setting a security deposit rather than assuming the England cap applies. Scotland’s general maximum is two months’ rent; Northern Ireland has its own one-month limit for the private-tenancy scheme.
The three approved schemes
There are three government-approved tenancy deposit protection schemes in England and Wales. Each offers slightly different options:
Deposit Protection Service (DPS)
The DPS offers both custodial (free) and insured options. With the custodial scheme, the deposit is held by the DPS for the duration of the tenancy.
MyDeposits
MyDeposits offers insured and custodial schemes. With the insured option, the landlord or agent holds the deposit but pays a fee for protection.
Tenancy Deposit Scheme (TDS)
TDS offers both custodial (free) and insured schemes. It is run by The Dispute Service, a not-for-profit organisation.
All three schemes provide free dispute resolution if landlord and tenant cannot agree on deductions at the end of the tenancy.
Required information: England and Wales use different details
England: within 30 days of receiving the deposit, provide the tenant and any relevant person with prescribed information. It includes:
- The address of the rented property
- The amount of deposit paid
- Which scheme protects the deposit and how to contact them
- The landlord’s name and contact details (or agent’s details if applicable)
- The name and contact details of any third party who paid the deposit
- The reasons the landlord may keep some or all of the deposit
- How to apply for the deposit to be returned
- What to do if the landlord cannot be contacted at the end of the tenancy
- Information about the scheme’s dispute resolution service
Use the current scheme document and keep proof that the appropriate information was supplied. Wales: give the contract-holder the required information for the deposit scheme within the same 30 days, using the Welsh requirements and current scheme documentation rather than the England list above.
England and Wales: court remedy for protection failures
For the England/Wales Housing Act deposit regime, a tenant or relevant person can apply to the county court where the protection or information requirements have not been met.
Financial remedy
The court must order the landlord to pay a sum of not less than the deposit and not more than three times the deposit. Depending on the case and whether the tenancy has ended, the court can also make an order about repayment of the deposit or payment into an authorised custodial scheme. Scotland and Northern Ireland have separate enforcement routes and sanctions.
Deposit failures and possession
A historic deposit failure can affect a current possession decision. In England, check the current possession procedure for the tenancy, including the Renters’ Rights Act guide; in Wales, use the separate occupation-contract framework. Take advice on the correct remedial route before serving or relying on a notice.
England and Wales: at the end of the tenancy
When a tenancy ends, the deposit should be returned within 10 days of both parties agreeing how it will be allocated. The process is:
- Agree deductions – landlord and tenant agree what (if any) amount will be retained for damages, cleaning or unpaid rent
- Request release – the landlord (or tenant) requests the scheme to release the deposit
- Funds returned – once both parties confirm agreement, the scheme releases the money
If there’s a dispute
If landlord and tenant cannot agree on deductions, either party can refer the matter to the scheme’s free alternative dispute resolution (ADR) service. An independent adjudicator will review the evidence and make a binding decision.
To support a claim for deductions, landlords should keep:
- A detailed inventory with dated photographs at check-in and check-out
- Receipts for cleaning or repairs
- Records of any rent arrears or unpaid bills
- Correspondence with the tenant about the issues
Scotland
Scotland has a separate regime. A private landlord can generally take up to two months’ rent as a deposit and must protect it in an approved scheme within 30 working days of the tenancy starting. The tenant must receive specified written information within 30 days of the tenancy starting.
There are three approved schemes in Scotland:
Northern Ireland
Northern Ireland has a separate scheme. A private landlord or agent must protect a deposit within 28 days of receiving it and give the tenant written information within 35 days.
There are two appointed scheme administrators:
Checklist for landlords
- For England or Wales, protect the deposit and give the required information within 30 days
- For Scotland, use an approved Scottish scheme within 30 working days of the tenancy starting
- For Northern Ireland, protect the deposit within 28 days and give written information within 35 days
- Keep proof of protection and the information supplied
- Conduct a thorough inventory at check-in and retain dated evidence through check-out
- For an England periodic tenancy, retain the written periodic tenancy agreement (England-only template) with the deposit and inventory records
- At the end, agree deductions promptly and use the scheme’s dispute process if agreement cannot be reached
Sources: GOV.UK Tenancy Deposit Protection, GOV.WALES deposit guidance, mygov.scot landlord deposit guidance, nidirect landlord guidance, Housing Act 2004
