Tenancy deposit protection rules
Your landlord must protect your deposit in an approved scheme if you have an assured shorthold tenancy.
Most private renters have this type of tenancy.
Your deposit still needs to be protected if your landlord or letting agent changes during your tenancy.
Your landlord or agent has 30 days from when they receive your deposit to:
protect it with an authorised scheme
give you certain written information about the scheme
The deposit must remain protected throughout your tenancy.
Landlords can ask for a deposit for having pets, but only if:
any deposit money you pay is protected in one of the approved schemes
the total you pay in deposits does not go over the limit landlords can charge. This is generally 5 weeks' rent
Landlords often treat any separate deposits you pay as one deposit.
Deposits paid before 6 April 2012
Different time limits applied before this date.
Your landlord does not have to protect your deposit if you paid it before 6 April 2007 and either:
you never had a fixed term tenancy
the fixed term ended before that date
But they must protect or return your deposit if they want to end your tenancy with a section 21 eviction notice.
In all other cases, your deposit must have been protected by a certain date:
|Date you paid your deposit||Latest date for protection|
|Between 6 April 2007 and 5 April 2012||6 May 2012|
|Before 6 April 2007 - if you signed a new contract after this date||6 May 2012|
|Before 6 April 2007 - if your fixed term ended after this date and you have not signed a new contract since||23 June 2015|
Information your landlord must give you
Your landlord or agent must give you their contact details and those for the deposit protection scheme.
They must also give you a scheme leaflet and written information about:
the deposit amount and address of the tenancy
returning your deposit and when deductions can be made
how to use the scheme's dispute resolution service if you cannot agree
what happens if you get no response from your landlord when the tenancy ends
Your landlord or agent must sign a certificate to confirm the information is accurate.
When your fixed term ends
Your landlord or agent must give you updated written information within 30 days if you stay after the fixed term ends and any details change, for example:
there is a new joint tenant
your deposit is protected in a different scheme
Your landlord must give you the updated information even if you stay and do not sign a new fixed term.
If your landlord breaks deposit protection rules
There are penalties for landlords who do not protect your deposit in the time limits.
You can consider a compensation claim against a landlord or agent who did not protect your deposit or protected it late.
Check the time limits in place when you paid the deposit to see if you can claim.
You have 6 years to make a claim so it's usually best to wait until after your tenancy ends.
Section 21 eviction
Your landlord cannot usually give you a valid section 21 eviction notice if:
your deposit is unprotected or protected late
you did not get written information about your deposit
It will not count as late protection if your deposit was protected within 30 days of your most recent fixed term starting or your last fixed term ending.
Your landlord can sometimes use a section 21 notice if they return your deposit or give you the written information first.
Section 8 eviction
Your landlord can give you a valid section 8 even if they have not protected your deposit.
If your section 8 is because of rent arrears, you can make a counterclaim for compensation if your landlord did not follow the deposit protection rules.
The compensation could make up your rent shortfall and stop the section 8 process.
Last updated: 12 July 2022