Tenancy deposit protection

Summary

If you rent privately in England and Wales and pay a tenancy deposit, your landlord usually must protect it in an approved tenancy deposit scheme and give you prescribed information about the deposit. Deposits are typically one month's rent and cannot exceed five weeks' rent (six weeks if annual rent exceeds £50,000). If your landlord fails to protect the deposit or give prescribed information correctly, you may be able to claim compensation and this can affect eviction notices.

Key information

• Who must protect: Most private tenants with an assured tenancy (including assured shorthold tenancies). Protection is required even if someone else paid the deposit for you.
• Deadline: For assured tenancies, the landlord must protect the deposit within 30 days of the date you paid it.
• Maximum deposit: Five weeks' rent (six weeks if annual rent is over £50,000).
• Approved schemes: Deposit Protection Service, MyDeposits, and Tenancy Deposit Scheme.
• Prescribed information: Landlords must give tenants details including the protection scheme used, landlord contact details, how to get the deposit back, and a signed statement that the information is accurate.
• Exemptions: Protection may not be required if you have a protected tenancy, are an excluded occupier, lodger, student in halls, or certain older assured shorthold tenancies that started before 6 April 2007 and were never renewed.
• If not protected: You can still claim back money owed and may get 1 to 3 times the deposit in compensation through court. An unprotected deposit can also make a Section 21 notice invalid in some cases.

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