The rules the calculator applies
- A tenancy deposit must be protected in a government-approved scheme within 30 days of the landlord or agent receiving it.
- The prescribed information must be given to the tenant, and to anyone who paid the deposit for them, within the same 30 days.
- The deadline runs from the day the money is received, not the day the tenancy starts.
- Missing the deadline exposes the landlord to a court order of one to three times the deposit, and weakens any later claim for possession.
Sections 213 to 215, Housing Act 2004; Tenant Fees Act 2019 for the cap on the amount.
Common questions
How long does a landlord have to protect a deposit?
30 days from the day the deposit is received. Within that time the landlord must place it in one of the three government-approved schemes, the Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme, and give the tenant the prescribed information about where it is held and how to get it back. Both steps have the same 30-day deadline.
What is the prescribed information?
A set of details the tenant must be given in writing: which scheme holds the deposit and its contact details, the amount and the property address, how the deposit is protected, how to apply for its return, what happens if there is a dispute, and the scheme's leaflet. It must go to the tenant and to anyone who paid the deposit on their behalf, such as a parent.
What happens if the deposit is protected late?
The tenant can apply to court, which must order the landlord to pay the tenant between one and three times the deposit, and to return or protect the deposit. Protecting it late does not undo the penalty. A landlord who has not dealt with the deposit properly is also on the back foot in any possession proceedings.
How much can a tenancy deposit be?
No more than five weeks' rent where the annual rent is under £50,000, and six weeks' rent where it is £50,000 or more, under the Tenant Fees Act 2019. Anything above that is a prohibited payment and must be returned.
Does a holding deposit need to be protected?
Not while it is a holding deposit, which is capped at one week's rent. Once the tenancy is agreed and the holding deposit is put towards the tenancy deposit, it becomes part of the deposit and the 30 days run from then.
Does deposit protection apply in Wales and Scotland?
Yes. In Wales the same 30-day rule applies under the Renting Homes (Wales) Act 2016. In Scotland a deposit must be lodged with an approved scheme within 30 working days of the tenancy starting, under the Tenancy Deposit Schemes (Scotland) Regulations 2011. This calculator uses the England and Wales rule of 30 calendar days from receipt.