Your deposit questions, answered.

Yes, if you let a home on an assured tenancy in England or an occupation contract in Wales and take the deposit as money. Under section 213 of the Housing Act 2004, it must be protected with a government-authorised scheme (TDS, DPS or mydeposits) within 30 days of receiving it. Since 1 May 2026, most private tenancies in England are assured periodic tenancies, which replaced assured shorthold tenancies. In Wales, section 45 of the Renting Homes (Wales) Act 2016 sets the same duty. Some lettings fall outside these rules, such as a lodger who shares your home.

SourcesHousing Act 2004, section 213GOV.UK: Tenancy deposit protectionRenting Homes (Wales) Act 2016, section 45mydeposits: Deposit protection scheme rules (the law)

You have 30 days from the day you receive the deposit. Within that time you must complete the scheme’s protection steps and give your tenant, and anyone who paid the deposit for them, the prescribed information, under section 213 of the Housing Act 2004. Wales has the same 30-day limit under section 45 of the Renting Homes (Wales) Act 2016. If the deposit is paid in instalments, mydeposits says each payment starts its own 30 days. A scheme may still accept a deposit after 30 days, as DPS does, but late protection is still a breach of the law.

SourcesHousing Act 2004, section 213Renting Homes (Wales) Act 2016, section 45mydeposits: Deposit protection scheme rules (the law)DPS custodial terms and conditions (v35, May 2026)

It is a set of details about the deposit and how it is protected, which you must give your tenant within 30 days of receiving the deposit, under section 213 of the Housing Act 2004. It covers the property address, the deposit amount, how it is protected, the scheme’s contact details and dispute service, your or your agent’s contact details, anyone else who paid the deposit, when you may keep some of it, and how the tenant gets it back. Give it to anyone who paid the deposit for the tenant too. The schemes provide forms, and TDS asks you to include its leaflet.

SourcesHousing Act 2004, section 213GOV.UK: Deposit protection schemes and landlords, information you must give to your tenantsTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)mydeposits: Deposit protection scheme rules (the law)

Your tenant can apply to the county court, during or after the tenancy, and the court must order you to pay them between one and three times the deposit, under section 214 of the Housing Act 2004. It can also order the deposit repaid, or paid into a custodial scheme, within 14 days. Protecting late doesn’t stop a claim, though the court can take it into account. In England, since 1 May 2026, a court can’t usually make a possession order until the deposit is protected with the prescribed information given, returned, or the tenant’s claim is settled. Wales has the same penalty range.

SourcesHousing Act 2004, section 214Housing Act 2004, section 215GOV.UK: If you don’t protect your tenants’ depositTDS key documents: TDS and the late protection of depositsRenting Homes (Wales) Act 2016, Schedule 5

Usually not. The protection rules apply to assured tenancies in England and occupation contracts in Wales, and a lodger who lives in your home normally has neither. In England, a letting by a resident landlord in the same building, other than a purpose-built block of flats, can’t be an assured tenancy under Schedule 1 to the Housing Act 1988. In Wales, a letting where you share accommodation with the occupier isn’t an occupation contract unless you give notice that it is. It depends on the arrangement, such as whether you live there and what you share.

SourcesHousing Act 1988, Schedule 1, paragraph 10Housing Act 2004, section 213Renting Homes (Wales) Act 2016, Schedule 2GOV.UK: Renting out a room in your home, your lodger’s tenancy typemydeposits: Deposit protection scheme rules (the law)

In England, the most you can take is five weeks’ rent if the annual rent is under £50,000, or six weeks’ rent if it is £50,000 or more, under the Tenant Fees Act 2019. A week’s rent is the annual rent divided by 52, so for rent of £1,200 a month the cap is £1,384.61. Anything above the cap is a prohibited payment. Wales has no equivalent cap: the schemes’ joint guide notes the Welsh fees Act doesn’t impose one, though it lets Welsh ministers set a limit by regulations.

SourcesTenant Fees Act 2019, Schedule 1GOV.UK: Fees you can charge as part of a tenancy (updated July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 1Guide to Deposits, Disputes and Damages (the three schemes, revised July 2026)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agents

No, not while it is a holding deposit. GOV.UK says money taken to reserve a property before the tenancy agreement is signed doesn’t need protecting. In England it is capped at one week’s rent under the Tenant Fees Act 2019, and must be repaid within 7 days unless an exception applies, such as the applicant withdrawing or giving false or misleading information. If the tenancy goes ahead and, with the tenant’s agreement, you put it towards the deposit, it becomes a tenancy deposit and must be protected like the rest. Wales also caps holding deposits at one week’s rent.

SourcesGOV.UK: Deposit protection schemes and landlordsTenant Fees Act 2019, Schedule 1GOV.UK: Fees you can charge as part of a tenancy (updated July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 1mydeposits: Deposit protection scheme rules (the law)

Usually not, if the deposit stays in the same scheme. Since 1 May 2026, tenancies in England are assured periodic tenancies with no end date, and existing assured shorthold tenancies became periodic, so there is no fixed-term renewal. Where a new tenancy replaces an earlier one with the same landlord, tenant and property, section 215B of the Housing Act 2004 treats the protection and prescribed information as done, provided they were done for the original tenancy and the deposit stays in the same scheme. Wales has a similar rule for renewed or substitute occupation contracts.

SourcesHousing Act 2004, section 215BGOV.UK: Renters’ Rights Act, an overview for landlordsRenting Homes (Wales) Act 2016, Schedule 5Renters’ Rights Act 2025, Schedule 6

Yes. GOV.UK says you or your letting agent can protect the deposit, and agents often do it as part of a managed service. The duty still rests with you as the landlord: the Housing Act 2004 treats an agent as acting on your behalf, and a court can order you to pay the one-to-three-times penalty if it wasn’t done. Ask the agent for the deposit protection certificate and a copy of the prescribed information they gave, and check the scheme, amount and dates match your tenancy.

SourcesGOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 212Housing Act 2004, section 214

Protecting it then doesn’t put things right. The law requires protection, and the prescribed information, within 30 days of receiving the deposit, and a former tenant can still apply to the county court after the tenancy has ended. Under section 214 of the Housing Act 2004 the court can order the deposit repaid and must order you to pay between one and three times its amount. TDS notes a claim can be made even where a deposit was protected late. Without protection, the schemes’ free dispute services aren’t available, so any disagreement over deductions is settled between you or in court.

SourcesHousing Act 2004, section 214Housing Act 2004, section 213TDS key documents: TDS and the late protection of deposits

The schemes and their dispute services work the same way in Wales, but the law around them differs. Deposits fall under the Renting Homes (Wales) Act 2016: you must protect the deposit and give the required information within 30 days, and a court must order you to pay one to three times the deposit if you don’t. Tenants are contract-holders. The Tenant Fees Act 2019 doesn’t apply; the Renting Homes (Fees etc.) (Wales) Act 2019 sets the permitted payments instead, and check-out fees are banned.

SourcesRenting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43–47)Renting Homes (Wales) Act 2016, Schedule 5Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 1 (permitted payments)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsGOV.WALES: Deposits, guidance for tenants

No. Scotland and Northern Ireland have their own deposit laws and schemes. In Scotland, you must protect a deposit within 30 working days of the tenancy starting, with Letting Protection Service Scotland, mydeposits Scotland or SafeDeposits Scotland, and the First-tier Tribunal can order up to three times the deposit if you don’t. In Northern Ireland, you must protect it within 28 days of receiving it, with mydeposits Northern Ireland or Tenancy Deposit Scheme Northern Ireland, and give written information within 35 days.

Sourcesmygov.scot: Protecting a tenancy deposit (landlords)mygov.scot: Returning a tenancy deposit (landlords)nidirect: Tenancy deposit scheme, information for landlords

Yes. Cash is money, and section 213 of the Housing Act 2004 applies to any money held as security for an assured tenancy, however it was paid. You have 30 days from the day you received it to protect it with TDS, DPS or mydeposits and give your tenant the prescribed information, and mydeposits says plainly that a cash deposit must be protected within 30 calendar days. Custodial schemes don’t take cash (DPS takes bank transfer or debit card, for example), so pay it into your bank account first. Give your tenant a dated receipt and keep a copy, as it records when the 30 days started. The same duty applies to occupation contracts in Wales.

SourcesHousing Act 2004, section 213Housing Act 2004, section 212mydeposits: Custodial scheme rulesDPS: Protecting deposits

Usually not, because the law looks at who the tenant is, not which template you used. Under section 1 of the Housing Act 1988, a tenancy can only be assured if the tenant, or each joint tenant, is an individual. A letting to a limited company therefore isn’t an assured tenancy, and the deposit duty in section 213 of the Housing Act 2004 doesn’t apply, even on an assured shorthold form. It depends on who signed as tenant: if the agreement names an employee personally, and they live there as their main home, it may be assured after all. Also read the deposit clause, because a promise in the agreement to protect the deposit is a term you agreed to.

SourcesHousing Act 1988, section 1Housing Act 2004, section 213DPS: More information about deposit protection

No, the legal duty doesn’t apply. Section 213 of the Housing Act 2004 covers deposits taken for assured tenancies, so a letting that can’t be assured, often called a common law tenancy, falls outside it. Schedule 1 to the Housing Act 1988 lists such lettings, such as rent over £100,000 a year, a resident landlord or a holiday let, and a company tenant is outside too. You can still ask a scheme to protect it: DPS’s custodial terms say it may agree, at its discretion, to protect a deposit for another type of tenancy, though it may charge you for a dispute on one. In Wales the test is whether the letting is an occupation contract.

SourcesHousing Act 2004, section 213Housing Act 1988, Schedule 1Housing Act 1988, section 1DPS custodial terms and conditions (v35, May 2026)

If the deposit was already protected, it could stay where it was. On 1 December 2022 most Welsh tenancies became occupation contracts, and regulation 8 of the transitional regulations (S.I. 2022/1172) applies the Renting Homes (Wales) Act 2016’s deposit rules to a deposit paid before that day as if it had been paid under an occupation contract. Under paragraph 13A of Schedule 12, those rules only apply where the converted contract was an assured shorthold tenancy just before the change. TDS, DPS and mydeposits all continued to cover Wales, and the regulations set no new protection deadline. If a deposit was never protected, the Welsh bar on landlord’s notices applies until it’s returned or a court claim is resolved.

SourcesRenting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022, regulation 8Renting Homes (Wales) Act 2016, Schedule 12, paragraph 13ARenting Homes (Wales) Act 2016, Schedule 9A, paragraph 4Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)mydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)

Usually not, if you share living accommodation with them. Under paragraph 6 of Schedule 2 to the Renting Homes (Wales) Act 2016, a letting isn’t an occupation contract if its terms let the occupier share accommodation with you and you live there as your only or principal home, unless you give notice before or when it’s made that it will be one. Sharing means using accommodation in common with you, such as a kitchen; storage areas, stairs and passages don’t count. Without an occupation contract, the deposit duty in section 45 doesn’t apply. If the arrangement is an occupation contract, for example because you share no accommodation, the deposit must be protected and the required information given within 30 days.

SourcesRenting Homes (Wales) Act 2016, Schedule 2Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Yes. GOV.UK lists TDS, DPS and mydeposits as the schemes you can use if your property is in England or Wales. The law around the deposit differs in Wales, though. The Renting Homes (Wales) Act 2016 calls your tenant a contract-holder, the paperwork is the ’required information’ rather than the prescribed information, and missing a deposit step stops you giving certain notices to end the contract. DPS asks whether you let in Wales because, as it says, the Welsh Government requires you to follow different regulations, and it points landlords to Rent Smart Wales. The 30-day deadline for protecting the deposit and giving the information is the same in both countries.

SourcesGOV.UK: Deposit protection schemes and landlordsDPS: Protecting depositsRenting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022DPS custodial terms and conditions (v35, May 2026)

Under paragraph 4 of Schedule 9A to the Renting Homes (Wales) Act 2016, notice can’t be given under section 173 or 186, or under a landlord’s break clause, while the scheme’s initial requirements haven’t been met, the deposit isn’t held in an authorised scheme, or the required information hasn’t been given. The bar lifts if the deposit is returned in full or with agreed deductions, or a county court claim about it under Schedule 5 is decided, withdrawn or settled. The contract-holder can also ask the court to order one to three times the deposit. The restriction covers those notices only. For ending a contract, check with Rent Smart Wales or a solicitor.

SourcesRenting Homes (Wales) Act 2016, Schedule 9A, paragraph 4Renting Homes (Wales) Act 2016, Schedule 5Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Any money you hold as security for your tenant meeting their obligations, or paying what they owe, under the tenancy. That’s the definition in section 212(8) of the Housing Act 2004, and it applies whatever you call the payment. For an assured tenancy it must be protected within 30 days. GOV.UK says a holding deposit taken to reserve the property doesn’t need protecting until the person becomes your tenant and it becomes part of the deposit. Property other than money, such as a car or a watch, can’t be required as a deposit under section 213(7). Wales uses a similar definition in section 47 of the Renting Homes (Wales) Act 2016.

SourcesHousing Act 2004, section 212Housing Act 2004, section 213GOV.UK: Deposit protection schemes and landlordsRenting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Yes. A tenancy doesn’t have to be in writing to be assured: GOV.UK says a tenancy agreement can be written down or oral, and section 213 of the Housing Act 2004 applies to any deposit taken for an assured tenancy. So the 30-day deadline and the prescribed information still apply. Since 1 May 2026, a landlord with an oral tenancy in England must give the tenant its key terms in writing, and GOV.UK set 31 May 2026 for existing tenancies. The schemes work from the tenancy’s details: DPS asks you to check you have a written tenancy agreement before protecting, and the prescribed information must say when you can keep some of the deposit by reference to the tenancy’s terms.

SourcesGOV.UK: Assured periodic tenancies (private renting, tenancy agreements)GOV.UK: Renters’ Rights Act, an overview for landlordsHousing Act 2004, section 213DPS: Protecting depositsHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2

No. Rent Act protected tenancies aren’t assured tenancies, and section 213 of the Housing Act 2004 only covers deposits for assured tenancies, so there’s no duty to use TDS, DPS or mydeposits. GOV.UK says a tenancy that started before 15 January 1989 is likely to be regulated, and section 34 of the Housing Act 1988 stops most new protected tenancies after that. The Rent Act 1977 has its own limit: under section 128, a deposit counts as a premium unless it is no more than one-sixth of the annual rent and reasonable for the liability it covers, and section 119 makes requiring a premium for a protected tenancy an offence. In Wales, Rent Act tenancies are never occupation contracts.

SourcesHousing Act 2004, section 213GOV.UK: Fair rentsHousing Act 1988, section 34Rent Act 1977, section 128Rent Act 1977, section 119

From 6 April 2007 until 5 April 2012, section 213 of the Housing Act 2004 gave landlords 14 days from receiving a deposit to meet the scheme’s initial requirements and give the prescribed information. Section 184 of the Localism Act 2011 changed both periods to 30 days from 6 April 2012. The same section let tenants apply to court after the tenancy had ended, and set the penalty at between one and three times the deposit. The 30 days applied to deposits for tenancies in effect on or after 6 April 2012, with transitional rules for deposits already held then. The 14-day rule now matters mainly for older tenancies. Today’s limit is 30 days, in England and Wales.

SourcesLocalism Act 2011, section 184Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012, article 16Housing Act 2004, section 213Housing Act 2004, section 214

In Superstrike Ltd v Rodrigues (2013), the Court of Appeal held that when a fixed term ended and a statutory periodic tenancy began, a deposit carried over was treated as received afresh for the new tenancy. That meant deposits taken before 6 April 2007 needed protecting once the tenancy rolled over, and protected deposits could need the prescribed information giving again. The Deregulation Act 2015 responded with new sections of the Housing Act 2004: section 215A gave pre-2007 deposits 90 days from 26 March 2015 to be protected, and section 215B treated protection and prescribed information as carrying over to a replacement tenancy if the deposit stayed in the same scheme. Since 1 May 2026, section 215A has been repealed.

SourcesDeregulation Act 2015, Explanatory Notes (section 32)Deregulation Act 2015, section 32Housing Act 2004, section 215ARenters’ Rights Act 2025, section 26

Yes, if the person you let to has an assured tenancy. The duty in section 213 of the Housing Act 2004 falls on the landlord of that tenancy, so if you rent a property and let it on to occupiers who live there as their main home, you are their landlord and must protect their deposits within 30 days, even though you don’t own the property. If you’re the owner letting to a rent-to-rent company, that letting isn’t assured, because a company can’t hold an assured tenancy, so the company’s deposit isn’t covered. Check your scheme takes sub-lets: mydeposits’ insured scheme rules say it won’t protect a deposit taken on a sub-letting.

SourcesHousing Act 2004, section 213Housing Act 1988, section 1mydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)DPS custodial terms and conditions (v35, May 2026)

Yes, if the letting is an assured tenancy, as most are. The Housing Act 2004 has no exception for family or friends: section 213 applies to any deposit taken for an assured tenancy, so you have 30 days to protect it and give the prescribed information. What can take a letting outside the rules is its terms, not the relationship. Under Schedule 1 to the Housing Act 1988, a tenancy with no rent, or rent of £250 a year or less (£1,000 in Greater London), isn’t assured, and nor usually is one where you live in the same building, unless it’s a purpose-built block of flats. Protection also gives you the scheme’s dispute service if you disagree.

SourcesHousing Act 2004, section 213Housing Act 1988, Schedule 1mydeposits: Deposit protection scheme rules (the law)

Yes, and as the new landlord you’ll want it in your name. When you buy a let property, the deposit should move with the tenancy. At DPS, the current holder transfers responsibility to the new landlord through its online account, and if they don’t respond within seven calendar days DPS arranges it. mydeposits’ insured rules say protections can’t be transferred, so a new landlord protects the deposit afresh. If the seller hands you the money, protect it within 30 days of receiving it. If it was never protected, settle that in the sale: in England, a court can’t usually make a possession order unless the deposit is held in an authorised scheme and the prescribed information has been given.

SourcesDPS: During the tenancy, our tools for managing your depositsmydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)Housing Act 2004, section 213Housing Act 2004, section 215

Calendar days. Section 213 of the Housing Act 2004 says 30 days, with no mention of working days, and DPS and mydeposits both describe the limit as 30 calendar days, so weekends and bank holidays count. TDS counts the period from and including the day you received the deposit: on that basis, a deposit received on 1 March must be protected, and the prescribed information given, by 30 March. The same 30 days applies in Wales under section 45 of the Renting Homes (Wales) Act 2016. If an agent quotes working days, plan to the calendar date instead, and aim to finish well before it, because the prescribed information must also reach your tenant within the period.

SourcesHousing Act 2004, section 213DPS: More information about deposit protectionmydeposits: Custodial scheme rulesTDS Custodial: #AskTDS, where can I find the Prescribed Information? (2019)Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

When you receive the deposit, not when the tenancy starts. Section 213 of the Housing Act 2004 gives you 30 days from receiving the deposit to meet the scheme’s initial requirements and give the prescribed information, and mydeposits notes the countdown starts when the money is received, not at signing or move-in. So if your tenant pays the deposit three weeks before moving in, most of the 30 days may have gone by the start date. A holding deposit is different: GOV.UK says it doesn’t need protecting until the person becomes your tenant and it becomes the deposit. In Wales, section 45 of the Renting Homes (Wales) Act 2016 also runs from the date the deposit is received.

SourcesHousing Act 2004, section 213mydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it mattersGOV.UK: Deposit protection schemes and landlordsRenting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

No. Each payment you receive is deposit money, and DPS says you must protect any deposit money within 30 days of receiving it, adding later payments to the existing deposit with updated prescribed information. Waiting for the full amount risks missing the deadline on the first payment. The schemes handle this differently: mydeposits says each new instalment into its custodial scheme starts its own 30 days, while its insured rules ask you to protect the full amount stated in the agreement and keep proof of what you’ve received. Where joint tenants pay their shares separately, DPS adds each payment to the one deposit for the tenancy. Check your scheme’s process before the first 30 days run out.

SourcesDPS: Quick answersDPS: Protecting depositsmydeposits: Deposit protection scheme rules (the law)mydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)Housing Act 2004, section 213

The duty to protect and give the prescribed information continues after the 30 days, and DPS’s custodial terms say it accepts deposits submitted late. Protecting late doesn’t undo the breach. Once it is held in a scheme and the prescribed information given, the possession-order bar in section 215 of the Housing Act 2004 no longer applies on that ground. Returning the deposit in full or with agreed deductions also lifts it. Your tenant can still apply to court under section 214, during or after the tenancy, for between one and three times the deposit, though the court can take late protection into account. A solicitor can advise on your case.

SourcesDPS custodial terms and conditions (v35, May 2026)Housing Act 2004, section 215Housing Act 2004, section 214GOV.UK: Deposit protection schemes and landlords

Yes. Extra money taken as security later in the tenancy is still a tenancy deposit, and section 213 of the Housing Act 2004 requires it to be protected within 30 days of receiving it. DPS lets you add it to the existing deposit through ’Pay Additional Deposit’ in your online account, and asks for updated prescribed information. Before asking for more, check the total against the cap: in England, the Tenant Fees Act 2019 limits a deposit to five weeks’ rent where the annual rent is under £50,000, or six weeks’ rent where it’s £50,000 or more, and DPS suggests checking the new amount with its cap tool. Other schemes have their own top-up steps.

SourcesHousing Act 2004, section 213DPS: Quick answersDPS: Protecting depositsDPS: During the tenancy, our tools for managing your depositsGOV.UK: Fees you can charge as part of a tenancy (updated July 2026)

Not for an assured tenancy. Section 213(7) of the Housing Act 2004 says no one may require a deposit that consists of property other than money. GOV.UK notes that a valuable item such as a car or watch doesn’t go into a deposit scheme, but that doesn’t make asking for one allowed. Since 1 May 2026, if you required one, a court can’t make a possession order until the item has been returned to the person who gave it, under section 215(6). In Wales, section 43 of the Renting Homes (Wales) Act 2016 lets you require security only as money or a guarantor’s promise, and the contract-holder can ask the county court to order anything else returned.

SourcesHousing Act 2004, section 213Housing Act 2004, section 215GOV.UK: Deposit protection schemes and landlordsRenting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Nothing in section 213 of the Housing Act 2004 says you must wait, but both the deadline and the paperwork depend on the tenancy. The 30 days run from the day you receive the deposit, so if you take it before signing, protection may be due before the start date. Protection relies on the tenancy’s details, though: the scheme records the tenants, start date and rent, and the prescribed information must say when you can keep some of the deposit by reference to the tenancy’s terms. The simplest order is to sign first, then take and protect the deposit. Money taken only to reserve the property is a holding deposit and isn’t protected until it becomes the deposit.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2GOV.UK: Deposit protection schemes and landlordsDPS: During the tenancy, our tools for managing your deposits

No. GOV.UK’s guidance on the Tenant Fees Act 2019 says you do not have to take a tenancy deposit, and the Renting Homes (Wales) Act 2016 doesn’t require one either. If you do take one, it must be protected within 30 days, and in England it’s capped at five weeks’ rent, or six weeks’ rent if the annual rent is £50,000 or more. Without a deposit, there’s nothing for a scheme’s dispute service to decide, so any claim for damage or unpaid rent is between you and the tenant and, if needed, the county court. GOV.UK describes a deposit replacement product as something a tenant can choose to use. Make sure your agreement reflects whatever you agree.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated July 2026)Housing Act 2004, section 213Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

In Wales it’s called the ’required information’. Under section 45 of the Renting Homes (Wales) Act 2016, you must give it to the contract-holder, and anyone who paid the deposit for them, within 30 days of receiving the deposit. Regulation 3 of the Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022 lists it: the scheme administrator’s contact details, explanatory information the scheme gave you, how the deposit is repaid, what happens if either side can’t be contacted or you disagree, the dispute service, the deposit amount, the property address, contact details for you, the contract-holder and anyone who paid for them, when you may keep some of the deposit, and your signed certificate.

SourcesRenting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Yes. GOV.UK says you must use a deposit protection scheme even if someone else pays the deposit, giving the tenant’s parents and rent deposit schemes as examples. Under section 213 of the Housing Act 2004, someone who paid the deposit on the tenant’s behalf under an arrangement with them is a ’relevant person’. Their details go in the prescribed information, and you must give them a copy within 30 days too. A guarantor who only promises to pay if the tenant doesn’t, without handing over money, hasn’t paid a deposit, so there’s nothing to protect for them. The same applies in Wales under section 45 of the Renting Homes (Wales) Act 2016.

SourcesGOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2Renting Homes (Wales) Act 2016, Part 3, Chapter 4 (sections 43 to 47)

Yes, if they paid money. GOV.UK says you must protect the deposit even if someone else pays it, naming rent deposit schemes as an example, and mydeposits names a local council as someone who may pay on a tenant’s behalf. The council or scheme is then a ’relevant person’ under section 213 of the Housing Act 2004: put their contact details in the prescribed information and give them their own copy within 30 days. Some councils offer a written bond or promise to pay instead of money. Nothing changes hands, so there’s nothing to place in a scheme, but read the bond’s terms, as they set out how and when you can claim against it.

SourcesGOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 213Housing Act 2004, section 212mydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it matters

Usually not, if the deposit was protected and the prescribed information given at the start. Section 215B of the Housing Act 2004, added by the Deregulation Act 2015 with effect back to 6 April 2007, treats a replacement tenancy, including one that ran on as a statutory periodic tenancy, as compliant if the original tenancy’s protection and prescribed information were done and the deposit stayed in the same scheme. Since 1 May 2026, the tenancy has been an assured periodic tenancy. Check with your scheme that the deposit is still protected: mydeposits’ insured rules say it will un-protect a deposit if you don’t update it within 30 calendar days after a fixed term’s end date.

SourcesDeregulation Act 2015, section 32Deregulation Act 2015, Explanatory Notes (section 32)Renters’ Rights Act 2025, section 26mydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)

Not when you took it, as protection began on 6 April 2007, but it may have been needed later. In Superstrike v Rodrigues (2013), the Court of Appeal treated a deposit carried into a new statutory periodic tenancy after that date as received afresh. The Deregulation Act 2015 then added section 215A to the Housing Act 2004: where such a periodic tenancy, and the deposit, still existed on 26 March 2015, the deposit had to be protected and the prescribed information given within 90 days. The Renters’ Rights Act 2025 removed section 215A from 1 May 2026. If you still hold a pre-2007 deposit, check whether it was protected then; the position depends on the tenancy’s history.

SourcesHousing Act 2004, section 215ADeregulation Act 2015, Explanatory Notes (section 32)Renters’ Rights Act 2025, section 26Housing Act 2004, section 215Housing Act 2004, section 214

Yes. Moving your tenant into another property you own means a new tenancy of different premises, so the deposit you keep is held for that new tenancy. The carry-over in section 215B of the Housing Act 2004 only covers a replacement tenancy of the same or substantially the same premises, with the same landlord and tenant. Protect the deposit for the new tenancy and give fresh prescribed information, ideally before the new tenancy starts, then arrange release of the old protection. Your scheme can’t simply change the address: DPS, for example, only lets landlords amend the rent, start date, length of tenancy and tenant names on an existing tenancy.

SourcesDeregulation Act 2015, section 32Housing Act 2004, section 213DPS: During the tenancy, our tools for managing your deposits

Not by itself. Whether someone is a lodger or a tenant depends on the arrangement, not on where the deposit is held. In England, a letting by a resident landlord in the same building usually can’t be an assured tenancy under Schedule 1 to the Housing Act 1988, and GOV.UK says a lodger who shares your kitchen, bathroom or living room is likely to be an excluded occupier. Protecting the deposit doesn’t change those facts. Not every scheme takes deposits outside the rules: DPS may agree at its discretion, and may charge the landlord for a dispute on one. In Wales, a sharing arrangement becomes an occupation contract only if you give notice that it will be one.

SourcesHousing Act 1988, Schedule 1GOV.UK: Renting out a room in your home, your lodger’s tenancy typeDPS custodial terms and conditions (v35, May 2026)Renting Homes (Wales) Act 2016, Schedule 2

Yes, usually. A tenant who rents a room in a shared house and lives there as their main home normally has an assured tenancy, even though they share a kitchen or bathroom with other tenants: section 3 of the Housing Act 1988 treats their room as let on an assured tenancy. So section 213 of the Housing Act 2004 applies, and each deposit needs protecting within 30 days, with the prescribed information given to that tenant. The main exception is a resident landlord: if you live in the same building, other than a purpose-built block of flats, the lets usually can’t be assured under Schedule 1 to the Housing Act 1988.

SourcesHousing Act 1988, section 3Housing Act 2004, section 213Housing Act 1988, Schedule 1

It depends on how you’ve let the house. If all the sharers signed one joint tenancy, there’s one tenancy and one deposit: protect it as a single deposit naming every tenant, and make sure each of them gets the prescribed information. If each person has their own tenancy of a room, each has a separate deposit for a separate tenancy, so protect them individually, each within 30 days of receiving it. DPS lets individual payments towards a joint deposit be added to the existing deposit, and its tenant transfer tool handles sharers moving in or out. Keeping each room’s deposit separate means its prescribed information matches its own tenancy and terms.

SourcesHousing Act 2004, section 213DPS: Quick answersDPS: During the tenancy, our tools for managing your depositsDPS custodial terms and conditions (v35, May 2026)

Yes, for most private student houses. Students renting from a private landlord usually have assured tenancies, so section 213 of the Housing Act 2004 applies: protect the deposit within 30 days and give the prescribed information, including to any parent who paid it. The exception in Schedule 1 to the Housing Act 1988 covers lettings to students by specified educational institutions, such as university halls, and DPS lists accommodation let directly by universities or colleges as exempt. From 27 December 2025, the Renters’ Rights Act 2025 allowed this exception to extend to some other student accommodation set out in regulations, so purpose-built providers should check whether it covers them.

SourcesHousing Act 2004, section 213Housing Act 1988, Schedule 1DPS: More information about deposit protection

To each tenant and to each parent who paid. Under section 213 of the Housing Act 2004, a person who paid the deposit on the tenant’s behalf under an arrangement with them is a ’relevant person’, and the prescribed information must be given to the tenant and any relevant person within 30 days. So in a house where several sets of parents each paid a share, every parent who paid needs a copy, and the prescribed information should list each of them with their contact details. mydeposits says each person who paid should get their own copy. Collect parents’ names and addresses when you take the payments, and keep proof of delivery for each one.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2mydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it mattersGOV.UK: Deposit protection schemes and landlords, information you must give to your tenants

Yes. In England the duty covers deposits for assured tenancies, and Schedule 1 to the Housing Act 1988 lists lettings that can’t be assured. Common ones are: rent over £100,000 a year; no rent, or rent of £250 a year or less (£1,000 in Greater London); a resident landlord in the same building, other than a purpose-built block of flats; holiday lets; business tenancies; lettings to students by specified educational institutions; council landlords; and tenancies from before 15 January 1989. A letting to a company is outside too, as the tenant must be an individual. Lodgers in your home are usually outside the rules. Wales has its own list in Schedule 2 to the Renting Homes (Wales) Act 2016.

SourcesHousing Act 1988, Schedule 1Housing Act 1988, section 1DPS: More information about deposit protectionmydeposits: Deposit protection scheme rules (the law)Renting Homes (Wales) Act 2016, Schedule 2

No, not in England. A tenancy with rent of more than £100,000 a year can’t be an assured tenancy under paragraph 2 of Schedule 1 to the Housing Act 1988, and section 213 of the Housing Act 2004 only covers deposits for assured tenancies. Rent here generally leaves out amounts for council tax, services, repairs, maintenance and insurance. The Renters’ Rights Act 2025 didn’t change this threshold, so since 1 May 2026 these lettings remain outside the deposit rules, and GOV.UK says the Tenant Fees Act 2019 doesn’t apply to them either. A tenancy at exactly £100,000 a year can still be assured. You can still protect the deposit if a scheme agrees.

SourcesHousing Act 1988, Schedule 1Housing Act 2004, section 213GOV.UK: Fees you can charge as part of a tenancy (updated July 2026)DPS: More information about deposit protectionDPS custodial terms and conditions (v35, May 2026)

No, if the tenant is the company itself. Under section 1 of the Housing Act 1988, a tenancy can only be assured if the tenant, or each joint tenant, is an individual, so a letting to a limited company isn’t assured and section 213 of the Housing Act 2004 doesn’t apply to its deposit. DPS lists company lets among the exemptions. It depends on who the tenant is: if the agreement is with an employee personally, who lives there as their main home, it is likely to be an assured tenancy and the deposit must be protected. In Wales, section 7 of the Renting Homes (Wales) Act 2016 requires at least one individual as a party.

SourcesHousing Act 1988, section 1Housing Act 2004, section 213DPS: More information about deposit protectionRenting Homes (Wales) Act 2016, section 7

Log in to your scheme account. DPS creates a certificate of deposit protection for each deposit, which you’ll find under ’View tenancies’, then ’Manage tenancy’ and ’View deposit certificate’. mydeposits’ insured scheme rules say you can download a copy, and duplicates, from your online account, and it may charge for a posted copy. If an agent protected the deposit, ask them for it. You can’t fix wrong details by editing the certificate: DPS, for example, only amends the rent, start date, length of tenancy and tenant names, with a signed copy of the tenancy agreement. The certificate isn’t the prescribed information, which you must give your tenant separately.

SourcesDPS: During the tenancy, our tools for managing your depositsmydeposits: Scheme rules, insured based tenancy deposit protection (July 2026)DPS custodial terms and conditions (v35, May 2026)

No. The certificate is the scheme’s confirmation that the deposit is protected. The prescribed information is a fuller set of details that section 213 of the Housing Act 2004 requires you to give the tenant, and anyone who paid the deposit for them, within 30 days. It includes things a certificate doesn’t, such as when you may keep some of the deposit by reference to the tenancy’s terms, and your signed statement that the information is accurate and that the tenant had the chance to sign it. DPS’s custodial terms say that once it confirms protection, you must also give the tenant the prescribed information. Many landlords send both together, so the tenant has everything at once.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2GOV.UK: Deposit protection schemes and landlords, information you must give to your tenantsDPS custodial terms and conditions (v35, May 2026)mydeposits: Custodial scheme rules

From your deposit scheme. Each scheme provides a prescribed information form for the deposits it protects. DPS’s custodial terms say you can print one pre-filled with the details in your online account, then add what’s missing, and TDS generates one when you protect online. mydeposits advises getting the template from your scheme. Whichever you use, it must contain everything in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, including the terms of your tenancy agreement that say when you can keep some of the deposit, and the certificate you sign. In Wales, the equivalent is the ’required information’ under the Renting Homes (Wales) Act 2016, and your scheme’s form should follow it.

SourcesDPS custodial terms and conditions (v35, May 2026)TDS Custodial: Frequently asked questions, landlords and agentsmydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it mattersHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022

Yes, if your tenant has agreed to receive documents that way. Section 213 of the Housing Act 2004 requires you to give the prescribed information within 30 days but doesn’t say how. mydeposits’ guidance says you can serve it by email provided the tenant has explicitly agreed to receive legal documents electronically, for example in the tenancy agreement. Check what your agreement says about serving notices, send it to the address the tenant gave you, and keep proof of sending, such as the sent email with its attachments. If there’s no agreement to email service, hand it over or post it as well. Do the same for anyone who paid the deposit for the tenant.

SourcesHousing Act 2004, section 213mydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it mattersGOV.UK: Deposit protection schemes and landlords, information you must give to your tenants

No. The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 requires you, the landlord, to sign a certificate confirming the information is accurate to the best of your knowledge and belief, and that you gave the tenant the opportunity to sign any document containing it. So the tenant must be offered the chance to sign, but doesn’t have to. mydeposits’ guidance says a tenant refusing to sign doesn’t mean you haven’t complied, and suggests keeping proof of delivery instead. An agent who protected the deposit for you can sign the certificate. Wales has the same certificate wording in the Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022.

SourcesHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2mydeposits: Prescribed Information for tenancy deposits, what it is, what to include, and why it mattersRenting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022

It doesn’t stop you complying. The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 requires a certificate signed by the landlord confirming the information is accurate and that you gave the tenant the opportunity to sign it. The tenant’s own signature isn’t required. mydeposits’ guidance says a refusal doesn’t mean you haven’t complied, but you should keep proof of delivery instead. Give the information within 30 days of receiving the deposit, keep a copy of exactly what you gave, and note when, how and to whom, including anyone else who paid the deposit. A short note that you invited the tenant to sign and they declined completes your record.

SourcesHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2Housing Act 2004, section 213mydeposits: Prescribed Information for tenancy deposits

It depends on who protected the deposit. The Prescribed Information Order 2007 requires a certificate signed by the landlord, but where a letting agent completed the scheme’s protection steps for you, it lets the agent sign instead. If you protected the deposit yourself, you sign. For a company landlord, the Court of Appeal in Northwood (Solihull) Ltd v Fearn (2022) accepted a certificate signed by a person authorised to act for the company. Whoever signs, you remain responsible: mydeposits says the landlord stays legally responsible for accuracy, so ask your agent for a copy of what was given, to whom and when.

SourcesHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40mydeposits: Prescribed Information for tenancy depositsShelter England: Tenancy deposit protection, prescribed information

The safest course is to give it to every joint tenant. Section 213 of the Housing Act 2004 says the information must be given to ’the tenant’ and any relevant person, and the Prescribed Information Order 2007 requires each tenant’s name and contact details in it. Shelter says serving a nominated lead tenant, or one communication addressed to all of them, is arguably enough, but there’s no binding court decision on the point. Giving a copy to each tenant, and to anyone who paid the deposit for them, removes the doubt. Keep a record of how and when each copy was given.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2GOV.UK: Deposit protection schemes and landlords, information you must give to your tenantsShelter England: Tenancy deposit protection, prescribed information

Only if they paid the deposit. Section 213 of the Housing Act 2004 requires the prescribed information to go to the tenant and any ’relevant person’, meaning someone who paid the deposit on the tenant’s behalf under arrangements with the tenant. A guarantor who only promises to cover rent or damage isn’t a relevant person, so the law doesn’t require them to have a copy. A parent, employer or council that paid the deposit is, and must receive the information within 30 days, with their name and contact details included in it. mydeposits calls these people interested parties. Ask at the start who is paying the money.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2GOV.UK: Deposit protection schemes and landlords, information you must give to your tenantsmydeposits: Prescribed Information for tenancy deposits

Refer to the clause or clauses in your tenancy agreement that say when you can keep some or all of the deposit. The Prescribed Information Order 2007 requires the circumstances in which you may retain the deposit, ’by reference to the terms of the tenancy’. In practice that’s usually the deposit clause and any clauses on rent, damage, cleaning or unpaid bills, quoted by number and matching the agreement your tenant signed. mydeposits’ guidance says the reasons for deductions must match the tenancy agreement. Don’t leave the field blank or copy clause numbers from an old template: check them against the current agreement before you sign the certificate.

SourcesHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2mydeposits: Prescribed Information for tenancy depositsGOV.UK: Deposit protection schemes and landlords, information you must give to your tenants

Yes, and do it as soon as you spot the mistake. mydeposits’ guidance says to issue corrected information immediately, though you remain at risk for the period it was wrong. Under section 213 of the Housing Act 2004 the information must be given within 30 days of receiving the deposit, so a correction inside that window puts things right. After it, the correction is late, and a tenant could still apply to court under section 214. Late correction still matters in England: section 215 requires the information before a court can make most possession orders, and late service counts for that. Keep both versions and proof of when you gave each.

SourcesHousing Act 2004, section 213Housing Act 2004, section 214Housing Act 2004, section 215mydeposits: Prescribed Information for tenancy deposits

Not necessarily. Section 213 of the Housing Act 2004 requires the information ’in the prescribed form or in a form substantially to the same effect’, so the question is whether what you gave still does its job. mydeposits’ guidance says minor typos may not invalidate it, but significant errors, such as a wrong deposit amount, are breaches. Missing items are more serious: in Ayannuga v Swindells (2012), the Court of Appeal held that a landlord who protected the deposit but left out required information hadn’t complied. Whether a particular error matters depends on what it is and how a court views it. If you find one, give corrected information promptly and keep both versions.

SourcesHousing Act 2004, section 213Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2Ayannuga v Swindells [2012] EWCA Civ 1789mydeposits: Prescribed Information for tenancy deposits

It may not count, so give it again. Section 213(5) of the Housing Act 2004 puts the duty on a landlord ’who has received’ the deposit, and the information has to describe how the deposit is protected, which can’t be accurate before the money arrives and is protected. The legislation doesn’t deal with information given too early, so the cautious course is to give it again once the deposit is protected, within 30 days of receiving it. If that window has passed, give it now anyway: in England, section 215 requires the information before most possession orders, and late service counts for that. Keep both versions and proof of service.

SourcesHousing Act 2004, section 213Housing Act 2004, section 215Housing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2

Give the prescribed information now. Protecting the deposit on time isn’t enough on its own: section 213 of the Housing Act 2004 also requires the information within 30 days of receiving the deposit, and in Ayannuga v Swindells (2012) the Court of Appeal ordered a penalty where the deposit was protected but the information wasn’t properly given. Giving it late doesn’t stop a tenant applying to court under section 214, where the court must order one to three times the deposit, but it matters for possession: in England, section 215 requires it before a court can make most possession orders. Use your scheme’s template, include its leaflet, and keep proof of service.

SourcesHousing Act 2004, section 213Housing Act 2004, section 214Housing Act 2004, section 215Ayannuga v Swindells [2012] EWCA Civ 1789

Mainly when something it records changes. Since 1 May 2026, tenancies in England are periodic with no renewals, and mydeposits says information served correctly at the start doesn’t need sending again. Give fresh information when the deposit increases or an instalment is added, as DPS advises; when a new tenancy starts with different tenants; when the deposit moves to a different scheme; or if the original was defective. Section 215B of the Housing Act 2004 treats a replacement tenancy as compliant only if the landlord, tenant and property are the same and the deposit stays in the same scheme. If details such as your address change, updated information keeps the record accurate.

SourcesHousing Act 2004, section 215Bmydeposits: Prescribed Information for tenancy depositsDPS: Quick answersGOV.UK: Assured periodic tenancies, a guide for landlords

Usually, yes. When one tenant leaves and another joins, it usually involves a new tenancy with a different set of tenants, and section 215B of the Housing Act 2004, which treats a replacement tenancy as compliant only where the landlord and tenant are the same, won’t cover it. The cautious course is to update the scheme’s record, then give fresh prescribed information to all the current tenants, and anyone who paid the deposit for them, within 30 days. DPS has a tenant transfer tool for shared tenancies, and mydeposits changes tenants on request. Whether a change creates a new tenancy depends on how it was done, such as a new agreement or a formal assignment.

SourcesHousing Act 2004, section 215BHousing Act 2004, section 213DPS: During the tenancy, tools for managing your depositsmydeposits: Support and frequently asked questions

Keep evidence of what you gave, to whom, when and how. Keep a copy of the exact document, including the scheme’s leaflet and your signed certificate, and record the date and method of service for each tenant and anyone who paid the deposit for them. mydeposits suggests asking the tenant to sign and date a copy to confirm receipt, and keeping proof of delivery if they won’t. Hand delivery with a witness, a certificate of posting, or email where the tenancy agreement allows notices by email all leave a trail. The Prescribed Information Order 2007 also requires you to give the tenant the chance to sign, so note that you did.

SourcesHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2mydeposits: Prescribed Information for tenancy depositsHousing Act 2004, section 213

Yes. Returning the deposit doesn’t undo a failure to protect it. Under section 214 of the Housing Act 2004, a former tenant can apply to the county court after the tenancy has ended, and if the court finds the deposit wasn’t protected, or the prescribed information wasn’t given, on time, it must order you to pay between one and three times the deposit. Having repaid it means there may be nothing more to repay, but the penalty is separate. Shelter says these claims are generally treated as having a six-year limit. In Okadigbo v Chan (2014), the High Court accepted the landlord’s culpability as the most relevant factor in setting the amount.

SourcesHousing Act 2004, section 214Limitation Act 1980, section 9Okadigbo v Chan [2014] EWHC 4729 (QB)Shelter England: Claims against landlords for non-compliance with deposit protection rules

Possibly. The law isn’t settled on whether each tenancy is a separate breach. Shelter reports that county courts have, on several occasions, ordered a penalty for each of several consecutive tenancies where the deposit wasn’t protected, but there’s no binding higher-court decision. Each award under section 214 of the Housing Act 2004 is between one and three times the deposit. Section 215B treats a replacement tenancy as compliant only where the deposit was protected and the information given for the earlier one, so it doesn’t help if the deposit was never protected. Since 1 May 2026, tenancies in England are periodic, so new renewals don’t arise.

SourcesHousing Act 2004, section 214Housing Act 2004, section 215BShelter England: Claims against landlords for non-compliance with deposit protection rulesGOV.UK: Assured periodic tenancies, a guide for landlords

Generally six years. A section 214 claim is usually treated as a sum recoverable under a statute, which section 9 of the Limitation Act 1980 limits to six years from when the cause of action accrued. Shelter notes the point hasn’t been tested in the courts, and that time probably runs from when your deadline to protect the deposit or give the information expired, though it could be argued it runs from the end of the tenancy. Section 214(1A) of the Housing Act 2004 confirms a claim can be made after the tenancy has ended. Keep tenancy and deposit records for at least six years after each tenancy ends.

SourcesLimitation Act 1980, section 9Housing Act 2004, section 214Shelter England: Claims against landlords for non-compliance with deposit protection rules

Reply within the time the letter gives. The Practice Direction on Pre-Action Conduct expects a reply within a reasonable time, often 14 days in a straightforward case, saying whether you accept the claim and why, with key documents. Check when you received the deposit, when it was protected, and when and how you gave the prescribed information. If your records show both were done on time, send that evidence. Under section 214 of the Housing Act 2004, where a court finds either was late, it must order one to three times the deposit. A solicitor can tell you how that applies to your dates before you reply.

SourcesPractice Direction: Pre-Action Conduct and ProtocolsHousing Act 2004, section 214GOV.UK: Tenancy deposit protection

Yes. You can agree a settlement with your tenant, or their representative, at any point. The Practice Direction on Pre-Action Conduct says litigation should be a last resort and settlement should be considered throughout. Put the agreement in writing: the amount, when it’s paid, and that it settles the tenant’s claims under section 214 of the Housing Act 2004 for the tenancy or tenancies concerned. Include every joint tenant, and anyone else who paid the deposit, as they can also apply. If the tenant has already applied to court, section 215 treats an application settled by agreement as lifting the bar on possession orders in England.

SourcesPractice Direction: Pre-Action Conduct and ProtocolsHousing Act 2004, section 214Housing Act 2004, section 215Shelter England: Claims against landlords for non-compliance with deposit protection rules

There’s no usual figure: each court decides between one and three times the deposit. Under section 214 of the Housing Act 2004, once a court finds the deposit wasn’t protected, or the prescribed information wasn’t given, on time, it must order at least the deposit amount and no more than three times it. The Act lists no factors. In Okadigbo v Chan (2014), the High Court accepted that the landlord’s culpability was the most relevant factor, and upheld an award of one times the deposit for landlords letting their own home who had instructed agents and later put the breach right. Experience, how long the breach lasted and whether you fixed it can all count.

SourcesHousing Act 2004, section 214Okadigbo v Chan [2014] EWHC 4729 (QB)Shelter England: Claims against landlords for non-compliance with deposit protection rulesGOV.UK: Tenancy deposit protection

Yes, though it doesn’t cancel the penalty. If your tenant applies under section 214 of the Housing Act 2004, you can ask to bring a counterclaim for rent arrears or damage. These claims usually use the Part 8 procedure, and Civil Procedure Rule 8.7 says a counterclaim then needs the court’s permission. If the court finds a breach, it must still order one to three times the deposit. Where it gives judgment on both claims, Rule 40.13 lets it order whoever owes the larger sum to pay the balance. You’ll need the same evidence as for any money claim: the tenancy agreement, rent statement, inventories, photos and invoices.

SourcesHousing Act 2004, section 214Civil Procedure Rules, Part 8Civil Procedure Rules, Part 40Shelter England: Claims against landlords for non-compliance with deposit protection rules

You can still propose deductions, but the schemes’ free dispute services won’t be available. Your tenancy agreement still sets what you can claim, so tell the tenant what you want to deduct and why, with your evidence. If they don’t agree, the disagreement goes to court, as the dispute services only cover deposits a scheme protects. An unprotected deposit also exposes you to a section 214 claim under the Housing Act 2004, where the court can order all or part of the deposit repaid and must order one to three times its amount. Returning the undisputed part promptly and keeping a full evidence record helps whichever way it goes.

SourcesHousing Act 2004, section 214GOV.UK: Tenancy deposit protectionGOV.UK: Deposit protection schemes and landlords

Offer it in writing by more than one method, and keep a record of every attempt. The Housing Act 2004 doesn’t say whether an offer the tenant refuses counts as returning it. In England, section 215 lets a court make a possession order once the deposit is returned, in full or with agreed deductions, or once it’s held in an authorised scheme with the protection steps and prescribed information completed, even if late. A custodial scheme can take the money without the tenant’s co-operation, and DPS’s terms say it accepts deposits after 30 days. Neither route stops a section 214 claim. A solicitor can advise on your case.

SourcesHousing Act 2004, section 215Housing Act 2004, section 214DPS custodial terms and conditions (v35, May 2026)

Possibly, depending on your agreement with the agent. Under section 214 of the Housing Act 2004 the court orders ’the landlord’ to pay, and section 212 says that includes anyone acting on your behalf, so a claim can be brought against you, your agent or both. Whether you can recover what you pay depends on what the management agreement says the agent would do and whether they failed to do it, which would be a claim against them in contract or negligence. Letting and managing agents in England must belong to a government-approved redress scheme, which handles complaints. In Okadigbo v Chan (2014), reliance on agents was weighed when setting the penalty.

SourcesHousing Act 2004, section 214Housing Act 2004, section 212Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, article 5Okadigbo v Chan [2014] EWHC 4729 (QB)mydeposits: Prescribed Information for tenancy deposits

Possession is outside what we cover, so check GOV.UK or ask a solicitor. The deposit rule is this. Since 1 May 2026, section 215 of the Housing Act 2004 says a court in England can make a possession order on an assured tenancy only if the deposit is in an authorised scheme, the protection steps are done (late is allowed) and the prescribed information has been given. The bar lifts if the deposit is returned in full or with agreed deductions, or a section 214 claim is decided, withdrawn or settled. It doesn’t apply to Grounds 7A and 14 (antisocial behaviour). Late protection still leaves a section 214 claim open. Wales has its own rules.

SourcesHousing Act 2004, section 215GOV.UK: Assured periodic tenancies, a guide for landlordsHousing Act 2004, section 214

The old rules applied. Schedule 6 to the Renters’ Rights Act 2025 keeps a tenancy with a valid section 21 notice given before 1 May 2026 as an assured shorthold tenancy until the notice stops being valid. Possession claims relying on it had to be issued within the notice’s own time limit or by 31 July 2026, whichever came first. Under the old section 215 of the Housing Act 2004, a section 21 notice couldn’t be given while the deposit was unprotected or the prescribed information hadn’t been given, unless the deposit had been returned or a tenant’s claim settled. A new section 21 notice can’t be given now. A solicitor can advise.

SourcesRenters’ Rights Act 2025, Schedule 6Housing Act 2004, section 215GOV.UK: Assured periodic tenancies, a guide for landlords

They can, if they show a deposit wasn’t protected or the prescribed information wasn’t given. A former tenant can claim under section 214 of the Housing Act 2004 after the tenancy ends, and the claim is generally treated as subject to the six-year limit in section 9 of the Limitation Act 1980, though Shelter notes the point is untested. Deposits taken before 6 April 2007 under what were shorthold tenancies fall outside section 214. For a tenancy that’s still running, the records matter more: in England, section 215 requires the deposit to be protected and the information given before most possession orders. Keep certificates and proof of service for at least six years after each tenancy ends.

SourcesHousing Act 2004, section 214Limitation Act 1980, section 9Housing Act 2004, section 215Shelter England: Claims against landlords for non-compliance with deposit protection rules

Yes. Under section 214 of the Housing Act 2004 a tenant can apply to court at any time, and GOV.UK says that includes during the tenancy. Their reason for raising it now doesn’t change whether the deposit rules were met. Check your records. If you protected the deposit and gave the prescribed information within 30 days, send the tenant the certificate and proof of service. If not, in England section 215 requires both before most possession orders, and a solicitor can explain your position. The rent increase follows its own process, using a Form 4A notice.

SourcesHousing Act 2004, section 214GOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 215GOV.UK: Assured periodic tenancies, a guide for landlords

There are three: the Deposit Protection Service (DPS), mydeposits and the Tenancy Deposit Scheme (TDS). All three are authorised by the government and protect deposits in both England and Wales. Each offers two kinds of protection: custodial, where the scheme holds the money, and insured, where you or your agent hold it and pay the scheme to insure it. You choose the scheme and the type when you protect the deposit. Scotland and Northern Ireland have their own separate schemes.

SourcesGOV.UK: Deposit protection schemes and landlordsGOV.UK: Tenancy deposit protectionTDS: Choosing the right deposit scheme, a landlord’s guide to Insured vs Custodial protection

It is who holds the money during the tenancy. In a custodial scheme, you pay the deposit to the scheme, which holds it free of charge until you and the tenant agree how to split it, or an adjudicator or court decides. In an insured scheme, you or your agent keep the deposit and pay a fee to insure it, and you repay the tenant yourself at the end. If there is a dispute, you send the disputed amount to the scheme, which holds it until the dispute is resolved.

SourcesGOV.UK: Deposit protection schemes and landlordsGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)DPS: Which type of deposit protection is right for me?

Check the deposit protection certificate and the prescribed information you gave your tenant: you or your agent chose the scheme when protecting the deposit. If you’ve lost them, each scheme has an online checker that searches only its own records. TDS’s uses the certificate code, or the tenant’s surname, deposit amount, postcode and tenancy start date. DPS and mydeposits have their own tools. Reference formats help too: TDS Custodial references start EW, mydeposits custodial references start DPN, and its insured ones start DPC or EWC.

SourcesDPS: Quick answersmydeposits: Check if your deposit is protectedTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)TDS: Raising a dispute (TDS Insured)

Custodial protection is free at all three schemes, and their dispute services are free for most tenancies, apart from your own costs of preparing. Insured protection carries a fee for you or your agent, per deposit or as an annual membership, which each scheme sets and lists on its own website. Since May 2026, DPS may charge a fee for a dispute about a tenancy that isn’t an assured periodic tenancy or an occupation contract, so check your scheme’s current terms before you start.

SourcesTDS: How much does it cost?DPS: Which type of deposit protection is right for me?mydeposits: Landlord deposit protection schemeDPS custodial terms and conditions (v35, May 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)

The scheme does, once you’ve paid the disputed amount to it. You hold the deposit during the tenancy, but when a dispute is raised you send the amount in dispute to the scheme, which keeps it until an adjudicator decides, a court orders, or you both agree. DPS gives you 10 calendar days from its Notification of Dispute form, and mydeposits 10 working days if the tenant starts resolution. If you don’t pay it in, the dispute can still go ahead and you are expected to follow the decision. Pay the tenant any undisputed part yourself.

SourcesGOV.UK: Deposit protection schemes and landlordsGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)DPS insured terms and conditions (v30, May 2026)mydeposits: Conditions of resolution, insured (July 2026)

Yes. TDS, DPS and mydeposits are the three schemes authorised by the government under the Housing Act 2004 to protect tenancy deposits in England and Wales, and GOV.UK lists all three. Using one of them is how you meet the legal duty to protect a deposit. Each offers custodial and insured protection, and each must provide a dispute resolution service, which under Schedule 10 to the Act can’t be made compulsory.

SourcesGOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 212Housing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)

Yes. You can move a deposit to another authorised scheme during the tenancy, as long as it stays protected throughout. Usually you register the deposit with the new scheme first, then the money is transferred: a custodial scheme sends it on, or you send it yourself from an insured scheme once you have proof of the new protection. TDS, for example, asks for the new scheme’s deposit ID and bank details before releasing custodial funds. It’s sensible to give your tenant updated prescribed information naming the new scheme.

SourcesTDS: Transferring deposits between schemesDPS: Switching deposits to the DPS is easyDPS custodial terms and conditions (v35, May 2026)

Not exactly. All three share a framework: the service is free and optional, an adjudicator decides on written evidence alone, the deposit is the tenant’s until you prove each deduction, and no award can exceed the amount in dispute. The steps and deadlines differ. TDS gives you 5 working days from its invitation, then the tenant has 5 working days to respond to your evidence. DPS gives both sides 14 calendar days at the same time. mydeposits gives both sides 5 working days for a custodial deposit, or 10 for an insured one.

SourcesGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)DPS: The dispute resolution processmydeposits: Conditions of resolution, insured (July 2026)mydeposits: Conditions of resolution, custodial (v04)

Who holds the deposit. With TDS Custodial, you pay the deposit to TDS, which holds it free of charge and repays it at the end. With TDS Insured, you or your agent keep it and pay TDS a fee. At the end of a custodial tenancy, either side asks TDS for repayment and the other has 30 working days to respond. With TDS Insured, a tenant can raise a dispute once they’ve waited 10 days after asking for the deposit back, up to 3 months after the tenancy ends, and you send the disputed amount to TDS.

SourcesTDS: How much does it cost?TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)TDS: Raising a dispute (TDS Insured)TDS: Choosing the right deposit scheme, a landlord’s guide to Insured vs Custodial protection

Start with your online account with the scheme, since disputes run through it, and have your deposit reference ready. TDS takes enquiries through the form on its contact page, where you choose custodial or insured. DPS and mydeposits list their current phone numbers and email addresses on their own contact pages, and mydeposits insured deposits are managed in its Total Property portal. Answer every scheme email before its deadline, as evidence windows are short.

SourcesTDS: Contact usDPS custodial terms and conditions (v35, May 2026)DPS insured terms and conditions (v30, May 2026)mydeposits: Contact us

No. No law in England or Wales requires a landlord to pay interest on a tenancy deposit, and the Housing Act 2004 deposit rules don’t mention it, though your tenancy agreement might, so check it. Where the deposit sits matters: in a custodial scheme, the scheme pays interest to the tenant, not you. DPS pays it on deposits held for 183 days or more, mydeposits has paid it since 1 July 2023 and TDS Custodial since 1 September 2023, each at a rate it sets and publishes. In an insured scheme you hold the money, and TDS says it’s usual for the landlord or agent to keep any interest, with the tenancy agreement making this clear.

SourcesHousing Act 2004, section 213Shelter England: Tenancy deposit protection schemesDPS: Paying interest on depositsmydeposits: Paying interest on depositsTDS: What happens to the interest on the deposit?

Yes. mydeposits pays interest on deposits in its custodial scheme, and it goes to the tenant, not the landlord. Interest is calculated daily from the day the deposit is protected, at mydeposits’ published rate, which it reviews monthly, and only accrues from 1 July 2023 onwards. It becomes available after the tenancy ends, once the deposit balance reaches £0, and is paid by bank transfer. Tenants can choose to donate it to mydeposits’ partner charity instead. If you move the deposit to another scheme, mydeposits transfers the interest with it, and the tenant claims it from the new scheme. Its interest page covers custodial deposits only.

Sourcesmydeposits: Paying interest on deposits

The law doesn’t require you to pay interest on a deposit you hold unless your tenancy agreement says so, but the bigger issue is the protection itself. The Housing Act 2004 doesn’t deal with interest on a deposit that should have been protected. What it does is let your tenant apply to court under section 214, where the court can order the deposit repaid or paid into a custodial scheme and must order you to pay one to three times its amount. Had the deposit been in a custodial scheme, any interest would have gone to the tenant. If the deposit is still unprotected, protecting it now matters far more than the interest.

SourcesHousing Act 2004, section 214Housing Act 2004, section 213Shelter England: Tenancy deposit protection schemes

Through the scheme that protects the deposit; each has its own process. DPS lets you amend four details: the rent, start date, length of tenancy and tenant names. It asks for a signed copy of the original tenancy agreement showing the correct details and saying which are wrong, and has a tenant transfer tool for moving tenants in or out of a shared tenancy. mydeposits changes tenants on request by email or live chat, but if every original tenant is replaced, or it’s a sole tenancy, you need a new protection. For TDS, check its help centre. If tenants change, give the new set of tenants prescribed information too.

SourcesDPS: Quick answersDPS: During the tenancy, tools for managing your depositsmydeposits: Support and frequently asked questions

Through the scheme. DPS lets the landlord or agent currently responsible transfer the deposit to another landlord or agent from their online account, and the transfer is immediate. Whoever wants to take over can also ask DPS, which contacts the current holder; if they authorise it, or don’t reply within seven calendar days, DPS moves it. mydeposits’ insured rules say protections can’t be transferred or assigned, so ask mydeposits how it handles a change of landlord or agent. TDS has its own process. Whichever scheme you use, check that the record and the tenant’s prescribed information show who now holds responsibility for the deposit.

SourcesDPS: Quick answersDPS: During the tenancy, tools for managing your depositsmydeposits: Insured-backed scheme rules (ninth edition, July 2026)

Yes, and it goes to the tenant, not you. All three custodial schemes now pay interest to tenants. DPS says the deposit remains the tenant’s property during the tenancy, so the interest is theirs; it pays on deposits held for 183 days or more, at the end of the tenancy once repayment is complete. mydeposits has paid interest on custodial deposits since 1 July 2023, and TDS Custodial since 1 September 2023, each at a rate it sets monthly. DPS and mydeposits transfer the interest with the deposit if it moves to another scheme. Rates change, so check the scheme’s own page for the current figure.

SourcesDPS: Quick answersDPS: Paying interest on depositsmydeposits: Paying interest on depositsTDS: What happens to the interest on the deposit?

No. In the custodial schemes the interest belongs to the tenant whatever happens to the deposit. DPS’s quick answers say that even if the tenant agrees you can keep some of the deposit, all the interest is payable to the tenant, and its terms pay interest to the tenant even when the whole deposit goes to you. TDS Custodial says interest isn’t part of the deposit and won’t be returned to the landlord or agent. mydeposits pays interest to the tenant once the tenancy ends. Your agreed or awarded deductions come out of the deposit itself. With an insured deposit you hold yourself, what happens to any interest depends on your tenancy agreement.

SourcesDPS: Quick answersDPS custodial terms and conditions (v35, May 2026)TDS: What happens to the interest on the deposit?mydeposits: Paying interest on depositsTDS Custodial: #AskTDS, Who gets the interest on the tenancy deposit?

Yes, unless your tenancy agreement says otherwise. No law requires a landlord to pay interest on a deposit, and the Housing Act 2004 deposit rules don’t mention it. In an insured scheme you hold the money yourself, and TDS says it’s quite usual for the landlord or agent to keep any interest, advising that the tenancy agreement sets out the arrangement. Read your agreement first: if it promises the tenant interest, you’re bound by that. The custodial schemes are different, as DPS, mydeposits and TDS Custodial all pay interest to the tenant. You still need the full deposit available, because if there’s a dispute the scheme can direct you to pay it in.

SourcesTDS Custodial: #AskTDS, Who gets the interest on the tenancy deposit?Shelter England: Tenancy deposit protection schemesHousing Act 2004, Schedule 10DPS: Quick answers

Not as a landlord under DPS’s or mydeposits’ insured rules, but you must keep the money safe and available. mydeposits’ insured rules require landlord members to hold and remain accountable for protected deposits, and require agents to hold deposits in a segregated client money account, with evidence on request. DPS’s insured terms say safekeeping remains your responsibility until the deposit is repaid and closed. Under Schedule 10 to the Housing Act 2004, if there’s a dispute, the scheme can direct you to pay the disputed amount to it within 10 days. A separate account makes that easier. Check TDS’s member rules if you use TDS Insured.

Sourcesmydeposits: Insured-backed scheme rules (ninth edition, July 2026)DPS insured terms and conditions (v30, May 2026)Housing Act 2004, Schedule 10Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019, regulation 3

It stays protected for a limited time, and you still owe the deposit. Under Schedule 10 to the Housing Act 2004, a tenant who has asked for their deposit and not been repaid within 10 days can notify the scheme, which then directs you to pay the outstanding amount to it within 10 days. Each scheme sets a window: DPS’s insured terms give the tenant 90 days from the end of the tenancy, mydeposits ends protection 90 days after the tenant leaves unless resolution has started, and TDS Insured considers disputes raised within 3 months of the tenancy ending. After that the scheme protection ends, but the tenant can still claim the deposit through the courts.

SourcesHousing Act 2004, Schedule 10DPS insured terms and conditions (v30, May 2026)mydeposits: Insured-backed scheme rules (ninth edition, July 2026)TDS: Raising a dispute (TDS Insured)