Tenant guide
Tenancy Deposit Rules in the UK 2026: Protection, Disputes & Getting It Back
Reviewed by a qualified UK housing solicitor • Updated: May 2026
Sources: GOV.UK, Shelter England, NRLA, Citizens Advice
Reading time: ~10 min
Law changed 1 May 2026 — this page reflects current rules.
Tenancy deposits in England are capped, must be protected in a government-approved scheme within 30 days, and come with free dispute resolution. Getting any of this wrong blocks a landlord from serving a Section 8 notice.
How Much Can a Landlord Charge for a Deposit?
Under the Tenant Fees Act 2019, the maximum deposit is 5 weeks' rent where annual rent is under £50,000, or 6 weeks' rent above that. A separate holding deposit is capped at 1 week's rent and must usually be returned or credited within 15 days.
The Three Government-Approved Deposit Schemes
Landlords must use one of three approved schemes. Two models exist: custodial (the scheme holds the cash for free) and insured (the landlord keeps the cash and pays an insurance fee).
| Scheme | Custodial | Insured | Website |
|---|---|---|---|
| DPS (Deposit Protection Service) | Free | Yes | depositprotection.com |
| mydeposits | Yes | Yes | mydeposits.co.uk |
| TDS (Tenancy Deposit Scheme) | Yes | Yes | tenancydepositscheme.com |
The 30-Day Protection Rule
Within 30 days of receiving the deposit, the landlord must protect it and provide the tenant with 'prescribed information' — the scheme details, the amount, the property, and how to apply for the deposit back.
What Happens If Landlord Doesn't Protect the Deposit?
The tenant can apply to the county court for a penalty of 1× to 3× the deposit amount. The landlord cannot serve a valid Section 8 notice on most grounds until protection is sorted (anti-social behaviour grounds are an exception).
End of Tenancy — How to Get Your Deposit Back
Deductions can be made for damage beyond fair wear and tear, unpaid rent, and unpaid bills you were responsible for. They cannot be made for tired carpets, faded paint, or wear consistent with the length of tenancy.
Deposit Disputes — Step by Step
Every scheme offers free Alternative Dispute Resolution (ADR). It is paper-based and binding if both parties accept.
- Move out and provide a forwarding address.
- Landlord proposes deductions in writing.
- If you disagree, ask for evidence (inventory, photos, invoices).
- Raise a dispute with the scheme within their deadline (usually 3 months).
- An independent adjudicator decides — typically within 28 days.
Frequently asked questions
What is a tenancy deposit scheme?+
A government-approved service that safeguards your deposit and provides a free dispute service at the end of the tenancy.
Can my landlord keep my deposit for cleaning?+
Only if the inventory shows the property was cleaner at check-in than at check-out, beyond reasonable wear. Routine end-of-tenancy cleaning is no longer a default deduction.
What is fair wear and tear?+
Reasonable deterioration over the tenancy length and number of occupants — for example, faint marks on walls, lightly worn carpet in hallways, or sun-faded fabrics.
How long does a deposit dispute take?+
Typically 28 days from when both sides have submitted evidence. The decision is binding.
Can I get my deposit back if I leave early?+
Yes, subject to deductions for any rent owed during the notice period and any agreed early-surrender terms.
Related guides
For tenants
Tenant Rights in England 2026: What the Law Now Guarantees You
For landlords
UK Landlord Compliance Checklist 2026: Every Legal Obligation You Must Meet
For landlords
How to Evict a Tenant in England 2026: Step-by-Step Legal Guide
For tenants
How to Leave a Rental Property — Tenant Notice Requirements UK 2026