How to protect a tenant's deposit (and avoid the penalties)

Step-by-step guide to tenancy deposit protection in England: the 30-day deadline, prescribed information, the deposit cap and returning deposits at the end.

Checked against official sourcesUpdated 22 October 20266 min read
How to protect a tenant's deposit (and avoid the penalties)

Protect within

30 days

Deposit cap

5 weeks' rent

Return within

10 days of agreement

Penalty

1–3× deposit

Key takeaways

  • Put the deposit in a government-approved scheme within 30 days of receiving it.
  • Within the same 30 days, give the tenant the prescribed information about the scheme and how to get the money back.
  • The deposit can't be more than five weeks' rent, or six weeks if annual rent is £50,000 or more.
  • At the end, agree deductions with evidence. If you can't agree, the scheme's free dispute service decides.

When protection applies

If you let a property on an assured tenancy in England and take a deposit, you must protect it. That includes deposits paid by someone else on the tenant's behalf, such as a parent or guarantor.

There are three approved schemes. Two are insured, where you hold the money and pay a fee. One is custodial, where the scheme holds the money for free. Both kinds give the tenant the same protection.

The 30-day countdown

  1. Day 0

    You or your agent receive the deposit. Give the tenant a receipt.

  2. By day 30

    Deposit registered with an approved scheme.

  3. By day 30

    Prescribed information served on the tenant and anyone who paid on their behalf.

  4. Same day

    Keep proof of both: the scheme certificate and evidence the tenant got the information.

Step by step

  1. 1

    Check the amount

    Work out the cap: annual rent ÷ 52 × 5. Anything above is a banned payment under the Tenant Fees Act.

  2. 2

    Choose a scheme

    Pick an insured or custodial scheme. Many landlords use custodial for simplicity because it's free.

  3. 3

    Register and pay in

    Register the deposit and tenant details online. For custodial schemes, transfer the money.

  4. 4

    Serve the prescribed information

    Use the scheme's template. It must include the property address, amount, scheme details and how disputes work.

  5. 5

    Store the evidence

    Save the certificate, signed prescribed information and the email or letter you sent.

Never miss a deposit deadline. Record deposit amounts, scheme references and prescribed information dates in Simple Landlord, alongside the tenancy they belong to.

Get early access

Insured vs custodial

InsuredCustodial
Who holds the moneyYou or your agentThe scheme
Cost to landlordAnnual or per-deposit feeFree
Cash flowMoney stays with youMoney is held until the end
Dispute serviceFree for both sidesFree for both sides

Fair deductions at the end

Usually fair

Unpaid rent, cleaning beyond a normal standard, damage beyond fair wear and tear, missing items.

Usually not fair

Worn carpets after several years, faded paint, routine redecoration or betterment.

What wins disputes

A signed check-in inventory with dated photos, compared against a check-out report.

FAQs

Do I need to re-protect a deposit when a tenancy renews?+

Under the Renters' Rights Act, tenancies in England are periodic, so there's no renewal. If anything changes, such as a tenant joining, check the scheme's rules and re-serve the prescribed information.

Does a holding deposit need protecting?+

No, but it's capped at one week's rent and must be returned or put towards the deposit or first rent once the tenancy is agreed.

How quickly must I return the deposit?+

Within 10 days of you and the tenant agreeing the amount.

What if there are joint tenants?+

Protect one deposit for the tenancy and serve the prescribed information on each tenant.

Does protection apply to lodgers?+

No. Lodgers living with you don't have assured tenancies, so the rules don't apply.

Written and reviewed by the Simple Landlord Editorial Team

Last reviewed 22 October 2026. This guide is general information, not legal or tax advice.

Sources

Never miss a deposit deadline

Record deposit amounts, scheme references and prescribed information dates in Simple Landlord, alongside the tenancy they belong to.