If you've handed over a deposit for a rented home in England or Wales, the law says it has to sit in one of three government-approved protection schemes. Not the landlord's bank account. Not the agent's client account. A scheme. That rule has been in place since 2007 and it's the single most useful piece of protection most tenants don't know they have.
This guide explains how it works, what your landlord has to do (and by when), and what you can do if they get it wrong.
What tenancy deposit protection is
Tenancy deposit protection (often abbreviated “TDP”) is the legal requirement that any deposit taken on an assured shorthold tenancy in England or Wales is held in a government-approved scheme for the duration of the tenancy. The scheme either holds the cash directly (custodial) or insures the landlord's holding of it (insured).
The purpose is simple:
- The deposit can't disappear into a landlord's personal account.
- At the end of the tenancy, deductions are decided through a free, independent dispute service if you and the landlord can't agree.
- You get evidence in writing of where the money is.
The three approved schemes
Only three providers are government-approved in England and Wales. Your landlord must use one of them — they can't pick another or invent their own.
- Deposit Protection Service (DPS) — offers both custodial (free for landlords) and insured options. Often used by private landlords.
- mydeposits — runs both custodial and insured schemes. Common with smaller landlords and some agents.
- Tenancy Deposit Scheme (TDS) — also offers both options. Widely used by letting agents.
All three offer free dispute resolution. None of them is “better” from the tenant's point of view — they're regulated to the same standard. You don't get to choose.
Scotland has its own three schemes (SafeDeposits Scotland, mydeposits Scotland, Letting Protection Service Scotland) under different rules. Northern Ireland uses a different system again. This guide covers England & Wales only.
Deadlines your landlord must meet
Two clocks start ticking the moment your landlord (or their agent) receives your deposit:
- 30 days to protect the deposit. The money must be paid into a scheme within 30 days of receipt.
- 30 days to give you the ‘prescribed information’. You must receive a specific written summary of the protection arrangements within the same 30 days.
Both clocks count from the day the deposit is received, not the day the tenancy starts. If a holding deposit later becomes part of the deposit, the 30 days run from when it was first paid.
The “prescribed information”
This is the written statement your landlord has to give you. It has to include all of the following:
- The amount of the deposit and the address of the property.
- The scheme's name and contact details.
- The landlord's name and contact details (or the agent's, plus the landlord's).
- Your name and contact details, and those of any guarantor.
- How to apply for the deposit back at the end.
- What happens if the landlord and tenant disagree on deductions.
- A copy of (or link to) the scheme's information leaflet.
- A signed certificate confirming the information is accurate.
If any of these are missing, the “prescribed information” has not been served properly — and the deposit is treated by the courts the same as if it had never been protected at all.
How much deposit your landlord can take
Under the Tenant Fees Act 2019, deposits on assured shorthold tenancies in England are capped:
- 5 weeks' rent — if the total annual rent is under £50,000.
- 6 weeks' rent — if the total annual rent is £50,000 or more.
To convert monthly rent to a weekly figure, multiply by 12 then divide by 52. So £1,500 per month works out at £346.15 per week, and a 5-week cap of £1,730.77. Anything taken above that is recoverable.
The cap doesn't apply to lodger arrangements or tenancies where the annual rent is over £100,000 (those aren't assured shorthold tenancies in the first place).
If your deposit isn't protected
If your landlord misses the 30-day window, gives incomplete prescribed information, or never protects the deposit at all, you have two remedies — and they're both useful:
- Compensation. The court can order the landlord to pay you between one and three times the deposit amount. The deposit itself also has to be returned or properly protected. This is a discretion of the court, but breaches are rarely treated as trivial.
- Blocks “no-fault” eviction routes. Even though Section 21 has been abolished under the Renters' Rights Act 2024, a number of possession grounds still require the deposit to be properly protected. An unprotected deposit can therefore block a landlord's possession claim.
You can bring a claim in the County Court using a small-claims process. You don't need a solicitor, and the issue fee is modest. Citizens Advice and Shelter both publish templates.
Getting it back at the end of the tenancy
When the tenancy ends, your landlord proposes what they want to deduct (if anything) and you either agree or dispute it. Once you've agreed on a figure, the scheme typically returns the money within 10 days. If you can't agree, the deposit stays in the scheme until the dispute is resolved — usually within a few weeks via the free ADR (alternative dispute resolution) service.
We cover the practical steps in how to get your deposit back and the ADR process in deposit disputes — the ADR process.
Frequently asked questions
How do I know if my deposit is protected?
Your landlord must give you written 'prescribed information' within 30 days of receiving the deposit. This tells you which scheme is holding the deposit and how to get it back. You can also check directly on each scheme's website (DPS, mydeposits, TDS) using your tenancy details.
Which deposit protection scheme is best?
Your landlord chooses the scheme, not you. The three government-approved schemes (DPS, mydeposits, TDS) all offer similar protection: the deposit is either held by the scheme (custodial) or insured by it. The dispute resolution service is free in either case.
What's the difference between custodial and insured schemes?
In a custodial scheme the scheme itself holds the cash for the duration of the tenancy. In an insured scheme the landlord or agent keeps the money but pays a fee so the scheme guarantees it. Custodial is more common with private landlords; insured is common with letting agents.
Does deposit protection apply to all tenancies?
It applies to assured shorthold tenancies (ASTs) in England and Wales, which covers most private rentals. It does not apply to lodgers (where you live with your landlord), most company lets, or tenancies where the annual rent is over £100,000. Scotland and Northern Ireland have separate schemes.
What is the 'prescribed information'?
A specific set of details your landlord must give you in writing within 30 days of receiving your deposit. It includes the deposit amount, the scheme details, contact information for the scheme, how to request the deposit back, and a leaflet explaining the scheme's rules. If this isn't given, the deposit is treated as unprotected.
Can my landlord ask for a deposit larger than 5 weeks' rent?
Not for most tenancies. Under the Tenant Fees Act 2019, the deposit on an assured shorthold tenancy is capped at 5 weeks' rent if the annual rent is under £50,000, and 6 weeks' rent above that. Anything more is recoverable.