The Tenant Fees Act 2019 capped what landlords and agents can charge tenants as a deposit. For most private rentals in England, that cap is 5 weeks' rent — no matter how high-end the property is, no matter how risky the landlord considers you, no matter what their old policy was.
Here's how the cap works, when the higher 6-week cap applies, and what to do if you were charged more.
The cap
For assured shorthold tenancies in England, the deposit cap is:
- 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.
The cap applies to the deposit held against damage and unpaid rent. It's separate from any holding deposit (capped at one week's rent) and the first month's rent itself.
How to calculate it
Rents are usually quoted monthly. To convert to a weekly figure, multiply by 12 and divide by 52.
Examples:
- £1,200 / month → £276.92 / week → 5-week cap £1,384.62.
- £1,500 / month → £346.15 / week → 5-week cap £1,730.77.
- £2,000 / month → £461.54 / week → 5-week cap £2,307.69.
- £4,500 / month (annual rent £54,000 — above £50,000) → £1,038.46 / week → 6-week cap £6,230.77.
What counts as a deposit
Any sum the landlord or agent takes as security against unpaid rent or damage. It doesn't matter what it's labelled:
- “Security deposit” — counts.
- “Damage deposit” — counts.
- “Pet deposit” on top of the tenancy deposit — counts toward the cap.
- Holding deposit that was credited to the tenancy deposit — counts toward the cap.
Anything that walks like a deposit is treated as a deposit. The rules don't let landlords get around the cap by relabelling.
Exceptions
The cap doesn't apply to:
- Lodger arrangements — where you live with your landlord. These aren't ASTs.
- Tenancies with annual rent over £100,000. These are excluded from the AST regime entirely.
- Company lets. If the tenant is a company rather than an individual.
- Tenancies that began before 1 June 2019 with deposits taken before that date. The cap applies prospectively; older arrangements aren't retroactively required to conform. But any new deposit (e.g. for a new tenancy with the same landlord post-2019) is capped.
If you were charged more than the cap
The excess is unlawful and recoverable. The process:
- Write to the landlord, calmly, identifying the excess and asking for a refund within 14 days.
- If they refuse, report the breach to your local Trading Standards office. Letting agents can be fined up to £5,000 for a first breach and £30,000 for a repeat.
- If you still don't get the money back, you can bring a small-claims action in the County Court. The process is designed to be used without a solicitor.
Related reading: our pillar guide on tenancy deposit protection covers what your landlord has to do once the deposit is taken.
Frequently asked questions
When does the 5 weeks' rent cap apply?
It applies to assured shorthold tenancies (ASTs) in England where the total annual rent is under £50,000. If the annual rent is £50,000 or more, the cap rises to 6 weeks' rent. The cap doesn't apply to lodger arrangements or tenancies with annual rent over £100,000 (which aren't ASTs).
What happens if my landlord charged more than the cap?
Any amount above the cap is unlawful and recoverable. You can ask the landlord to refund the excess. If they refuse, you can report the breach to your local Trading Standards office or bring a small-claims action in the County Court.
Does the cap include the holding deposit?
Holding deposits are subject to their own cap — one week's rent. If your holding deposit was credited toward the tenancy deposit, the combined total is still subject to the 5- or 6-week cap.
Why is the cap measured in weeks not months?
The Tenant Fees Act 2019 defined it that way deliberately. Most rents are quoted monthly but the cap converts to weeks so the figure scales with rent rather than calendar months. Multiply monthly rent by 12, divide by 52 to get the weekly figure.