Tenancy deposit protection

When a tenant pays a deposit in relation to an assured or assured shorthold tenancy, a landlord or their agent must:[1]

• protect the deposit by complying with the initial requirements of an authorised scheme

• serve the prescribed information on the tenant and any other relevant person

A relevant person is any person who, in agreement with the tenant, paid the deposit for the tenant.

When deposit protection rules apply

Deposit protection rules apply to deposits received:

• for assured shorthold tenancies from 6 April 2007[2]

• for assured tenancies from 1 May 2026[3]

Most existing private assured shorthold tenancies became assured periodic tenancies on 1 May 2026.

An assured shorthold tenancy that became an assured tenancy on 1 May 2026 is treated as a single tenancy.[4] The landlord does not have to re-protect the deposit if they protected the deposit during the assured shorthold tenancy.

Landlords and their agents can choose to use either a custodial or insurance-backed scheme. Each scheme has its own rules about what initial requirements must be fulfilled in order to protect the deposit. For more information about the various schemes available, the rules to be followed to fulfil their initial requirements, and the organisations that administer them see Approved schemes.

A tenant can request confirmation from the scheme administrator that the deposit is being held in accordance with the scheme. The scheme administrator should respond to such a request as soon as practicable.[5]

In addition to fulfilling the initial requirements to protect the deposit using one of the authorised scheme, the landlord or their agent must provide the tenant and any other 'relevant person' with the information and documents as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.[6]

For further information and the full list, see Prescribed information.

Each approved scheme may make provision as to the methods used for the service of notices, directions, or other documents on the landlord or tenant.[7]

Documents served upon a tenant or landlord may be treated as having been received by the other party on the second day after they are sent by first class post.[8]

The landlord's address will be the address they last provided to the scheme administrator. The tenant's address will be the address of the property under the tenancy. If the tenant has already left that address, the last address provided to the scheme by the tenant or, where relevant, the last known address of the tenant as provided by the landlord in their statutory declaration.[9]

Where appropriate, the scheme may also send documents to another address, or attempt to contact the landlord or tenant by any other means.[10]

The landlord or their agent must fulfil their obligations within 30 days of receiving the deposit. However, different time limits have applied since the legislation was first introduced in 2007. For details see Time limits for compliance.

From 1 May 2026, where a landlord has not complied with the deposit protection rules, they can serve a valid section 8 notice but the court cannot make a possession order while any of the following apply:

• the deposit is not held in an authorised scheme[11]

• the landlord has not complied with the requirements of the deposit scheme[12]

• the landlord has not given the tenant, or any relevant person, the prescribed information[13]

• the deposit is something other than money

These restrictions do not apply if a section 8 notice is served on an assured, rather than assured shorthold, tenancy that started before 1 May 2026.[14]

The court is not restricted from making a possession order where there is a breach of deposit protection rules if the order is made on antisocial behaviour grounds 7A or 14.[15]

When the court can make a possession order

If the landlord has not complied with deposit protection rules at the time of serving a section 8 notice, the court can make a possession order if, before the order is made, any of the following apply:

• the landlord protects the deposit, even if it's protected outside of the required time limits[16]

• the landlord returns the deposit to the tenant in full or with agreed deductions[17]

• a section 214 financial compensation application has been determined, withdrawn or settled[18]

• property is returned where the deposit was something other than money[19]

Where an assured shorthold tenant paid a deposit, a landlord cannot serve a valid section 21 notice while the:[20]

• deposit was not protected within the relevant time limits, usually within 30 days

• deposit is not currently protected with an authorised scheme

• tenant, and any relevant person, has not been given all the prescribed information

• deposit is something other than money

Find out more about what makes a section 21 notice invalid.

The tenant or relevant person can apply to the County Court for compensation if the landlord has not complied with the deposit protection rules.

This is often called a section 214 claim.

Find out more about claims against landlords for non-compliance with deposit protection rules.

A new tenancy replaces a previous tenancy where the:[21]

• landlord and tenant are the same

• premises are the same or substantially the same

This might also be known as renewing the tenancy.

The previous tenancy does not need to immediately precede the new tenancy.

Deposit protection for replacement tenancy

Where a deposit has been protected within the time limit and the tenancy is replaced by a new tenancy, the deposit protection requirements are met for the new tenancy if the:[22]

• deposit was protected during the previous tenancy

• prescribed information was given during the previous tenancy

• deposit continues to be held in the same scheme as when the prescribed information was given

The landlord or agent does not have to protect the deposit again or serve the prescribed information for a replacement tenancy. This applies even if the deposit was protected, or the prescribed information was served, outside of the required time limits in the previous tenancy.[23]

With effect from 6 April 2017, an authorised scheme must provide a local authority with certain information when requested. They can charge a fee for this service.[24]

The local authority can only request information in connection with its functions, or investigations into whether an offence has been committed, under Parts 1 to 4 of the Housing Act 2004 (this includes the Housing Health and Safety Rating System and licensing of houses in multiple occupation).