Deposits: the cap, the 30 days and the prescribed information
A tenancy deposit in England is capped at five weeks' rent, must be protected in a government-approved scheme within 30 days, and the tenant must get the prescribed information. Miss any of that and you face a penalty of up to three times the deposit.
England. Checked against the law on 27 September 2026. Information, not legal advice.
The three rules
- Cap. Five weeks' rent where the annual rent is under £50,000; six weeks above that. Any more is a prohibited payment under the Tenant Fees Act 2019.
- Protect within 30 days of receiving it, in one of the three approved schemes: mydeposits, the Tenancy Deposit Scheme (TDS) or the Deposit Protection Service (DPS). Custodial (the scheme holds the money) or insured (you hold it and pay a fee).
- Serve the prescribed information within the same 30 days: the scheme's certificate and the leaflet, to the tenant and anyone who paid on their behalf.
Why it matters
If you miss the deadline the tenant can claim one to three times the deposit, and until you put it right you cannot rely on some possession grounds. Courts apply this strictly; "I forgot" is not a defence.
At the end of the tenancy
- Agree deductions with the tenant, backed by the check-in and check-out inventory.
- If you cannot agree, the scheme's free dispute service decides. The burden is on you to show the loss.
- Return the undisputed part within ten days.
MyLandlordPA records the scheme, reference and protection date on the tenancy, reminds you of the 30-day deadline, and drafts the deduction proposal from your evidence. Whether to propose a deduction, and how much, is your decision.
Where the money sits
Rent and deposits are paid to your bank account. MyLandlordPA never holds or moves your money.
Questions landlords ask
How much deposit can I take in England?
At most five weeks' rent when the annual rent is under £50,000 (six weeks above that). Anything more is a prohibited payment under the Tenant Fees Act 2019.
What if I protect the deposit late?
The tenant can claim between one and three times the deposit, and some possession routes are blocked until the deposit is returned or protected. Protect it as soon as you notice.
Can I keep the deposit for wear and tear?
No. Fair wear and tear is not a deduction. You can deduct for damage beyond that, unpaid rent, cleaning to the check-in standard and missing items, with evidence.
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