Your deposit questions, answered.

They moved to a scheme that’s still running. GOV.UK lists mydeposits as including deposits that were held by Capita, so a deposit once protected with Capita’s scheme is now with mydeposits, which can confirm its status. The only government-authorised schemes in England and Wales are DPS, mydeposits and TDS, each offering custodial and insured protection. If a tenancy from that time is still running, check the deposit’s current record with mydeposits and that your paperwork names the scheme that holds it now. If a deposit can’t be found with any of the three schemes, treat it as unprotected and protect it.

SourcesGOV.UK: Tenancy deposit protectionGOV.UK: Deposit protection schemes and landlordsShelter England: Tenancy deposit protection schemes

Use the scheme’s own complaints process. DPS takes complaints by letter or email, and says disagreeing with an adjudication isn’t grounds for a complaint unless the decision has an error of fact or law, raised within 3 months. mydeposits takes complaints on its form within six months and aims to reply within 2 working days for service complaints; if your agent protected the deposit, the agent must complain for you. TDS asks you to raise it with its customer team first, then use its formal process, with an external Independent Complaints Reviewer for unresolved complaints. The housing ministry monitors the schemes but doesn’t handle individual complaints.

SourcesDPS insured terms and conditions (v30, May 2026)mydeposits: Complaintsmydeposits: Insured-backed scheme rules (ninth edition, July 2026)TDS: Complaints

Yes, with DPS, though each deposit still needs protecting within 30 days of receipt. DPS’s Multiple Tenancy Upload tool takes a spreadsheet with one row per tenancy, which you email to its bulk uploads team; it confirms each deposit’s value and a payment reference, so one bank transfer can cover them all. If the payment doesn’t allocate automatically, use ’allocate funds’ in your account. DPS also offers an API connection for supported letting software. Check TDS’s and mydeposits’ own guidance for their bulk options. Bulk protection doesn’t cover the prescribed information: each tenant, and anyone who paid for them, still needs their own within the 30 days.

SourcesDPS: Protecting depositsDPS: Quick answersHousing Act 2004, section 213

You need each tenant’s name and contact details, plus the tenancy details. DPS asks for the rent, deposit amount and contact information for each tenant in its custodial scheme, and for insured deposits also the tenancy dates and the date you received the deposit, with the first tenant added becoming the lead tenant. mydeposits asks for an email address and contact number for each tenant, and for custodial deposits an alternative address if available, because it must tell tenants when the protection changes. The prescribed information also needs each tenant’s contact details for the end of the tenancy, and the details of anyone who paid the deposit for them.

SourcesDPS: Protecting depositsmydeposits: Support and frequently asked questionsHousing (Tenancy Deposits) (Prescribed Information) Order 2007, article 2

Through your scheme’s online account, and the steps differ by scheme. DPS lets you remove saved bank details from the ’your account’ page if enhanced authentication is switched on; otherwise contact DPS or switch it on first. You can save new details at your next repayment, and changing them doesn’t update repayment requests already made. For extra users, DPS’s user management gives two levels of login so several people can work on deposits at once. mydeposits and TDS have their own account settings, so check their help pages. If an agent protected the deposit, the account is theirs: mydeposits says landlords then can’t contact it directly about those deposits.

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

Log in to your scheme account and add the extra money to the existing deposit within 30 days of receiving it. Section 213 of the Housing Act 2004 requires deposit money to be protected within 30 days, and that includes top-ups and instalments. At DPS, choose ’View Tenancies’, then ’Manage Tenancy’ and ’Pay Additional Deposit’; DPS says you must also give the tenant updated prescribed information. mydeposits’ insured rules say each instalment must be protected as it is received. For TDS, check its help centre or contact TDS. In England, the total must stay within the cap of five weeks’ rent, or six if the annual rent is £50,000 or more.

SourcesDPS: Quick answersDPS: Protecting depositsmydeposits: Insured-backed scheme rules (July 2026)Housing Act 2004, section 213Tenant Fees Act 2019, Schedule 1, paragraph 2 (tenancy deposits)

There’s no official ranking: TDS, DPS and mydeposits are all government-authorised, each offers custodial and insured protection, and any of them meets your legal duty. The bigger choice is the type. Custodial protection is free and the scheme holds the money; with insured protection you hold it and pay a fee per deposit. TDS’s own guide says smaller landlords might prefer custodial for its simplicity and zero cost. The schemes’ joint guide says all three take a consistent approach to disputes, but their timetables differ: DPS gives 14 calendar days for evidence, TDS 5 working days. Compare fees and account tools on each scheme’s own site.

SourcesGOV.UK: Deposit protection schemes and landlordsTDS: Choosing the right deposit scheme, a landlord’s guide to Insured vs Custodial protectionA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS: The dispute resolution processTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

It depends on how you weigh cash flow and control against cost and admin. With insured protection you keep the deposit in your own account and pay the scheme a fee for each deposit; with custodial protection the scheme holds it for free. If the tenant disputes your deductions on an insured deposit, you must pay the disputed amount to the scheme: DPS’s insured terms give 10 calendar days, and mydeposits won’t start resolution until it is lodged. So the money needs to stay available, not spent. In return you can repay agreed amounts yourself, which TDS says gives more flexibility when deductions are agreed quickly and amicably.

SourcesGOV.UK: Deposit protection schemes and landlordsTDS: Choosing the right deposit scheme, a landlord’s guide to Insured vs Custodial protectionDPS Insured Terms and Conditions (v30, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)

No. Section 213 of the Housing Act 2004 puts the duty on you, the landlord, to protect the deposit with an authorised scheme within 30 days, and nothing in it gives the tenant a say in which scheme, or whether it is custodial or insured. A tenant may prefer custodial protection, where the scheme holds the money, and you can agree to that if you wish. Whichever you use, you must give the tenant the prescribed information, which names the scheme and explains its free dispute service, and the tenant can check the deposit is protected on the scheme’s website. In Wales, section 45 of the Renting Homes (Wales) Act 2016 sets the same duty.

SourcesHousing Act 2004, section 213GOV.UK: Deposit protection schemes and landlordsRenting Homes (Wales) Act 2016, section 45

None of the schemes publishes evidence of that, and all three say they apply the same approach. TDS, DPS and mydeposits wrote their joint guide, ’A guide to deposits, disputes and damages’, to give ’a transparent and consistent approach to resolving deposit disputes, regardless of which scheme protects the deposit’. Each uses independent, impartial adjudicators, and the same rule applies everywhere: the deposit is the tenant’s money until you prove your claim, so the burden of proof is on you. What differs is procedure, such as evidence deadlines and upload limits, so the practical question is how well your evidence fits your scheme’s rules.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS: The dispute resolution processTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

Each scheme lets you register online from its login page. At DPS, choose ’Create your account’; for custodial protection you then create a tenancy, add the rent, deposit and each tenant’s details, and pay the deposit to DPS. DPS Insured needs a separate account, even if you already use DPS Custodial. At TDS, choose ’Join as a Landlord’ and pick Custodial, which is free, or Insured, which charges a fee per deposit; NRLA members manage TDS deposits through the NRLA website. mydeposits says joining is free for landlords, and its insured deposits now run on the Total Property portal. Have the tenancy agreement and tenants’ contact details ready.

SourcesDPS: Protecting depositsTDS: Login, your accountTDS: Landlord deposit scheme (join as a landlord)mydeposits: FAQs

Use the scheme’s own account recovery first, and phone the scheme straight away if a dispute deadline is running, since deadlines aren’t paused while you’re locked out. DPS’s quick answers say you can reset your account access online, and that if you’ve never logged in, your contact details may not be linked to the account, so you’ll need to contact DPS to set it up. mydeposits has moved insured members to the Total Property portal, where you log in with an emailed link or a code sent by text, and each member needs a unique email address. If you’re an NRLA member using TDS, TDS says you log in through the NRLA website.

SourcesDPS: Quick answersmydeposits: FAQsTDS: Login, your account

Log in, open ’View tenancies’ and select ’Submit evidence’ on the tenancy concerned. DPS says the ’Your evidence’ page shows your evidence deadline and a summary of the disputed deductions. For a custodial deposit you have 14 calendar days from DPS’s email inviting evidence, and DPS’s custodial terms say it must receive your evidence before 11:59:59 pm on the deadline day; after that, uploads close. DPS writes to both you and the tenant when a dispute starts, so check your email and spam folder too. DPS Insured works differently: its terms say evidence goes by email or post rather than the online upload, so follow the instructions in DPS’s email.

SourcesDPS: The dispute resolution processDPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (v30, May 2026)

The field is limited to 1,000 characters. DPS’s own advice, if you need more room, is to write a separate document, for example a .doc or .txt file, and upload it with your evidence. Use the box for a short summary and put your full statement, setting out each deduction, the amount and the evidence behind it, in the uploaded document. Each upload can be up to 40MB and you can make several, but only before the deadline: DPS’s custodial terms say uploads close once it passes, and DPS says you can delete files before submitting them but not after. Check the statement reads clearly on its own.

SourcesDPS: The dispute resolution processDPS Custodial Terms and Conditions (v35, May 2026)

Sign in on the TDS website, complete the dispute summary and upload your evidence within 5 working days of TDS’s invitation. TDS’s custodial adjudication rules say it emails each party to explain that the repayment request can be viewed online, that they can complete a dispute summary and submit evidence online, and their deadline. TDS no longer accepts evidence by email; post is the only alternative. Label each photo so the adjudicator knows what it shows, such as ’kitchen worktop at check in’. Files can be up to 20MB each, and for larger videos TDS accepts links to YouTube only, not other file-sharing services.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: Use of photographs, videos and DVDs

No. In England, a check-out or admin fee isn’t one of the payments the Tenant Fees Act 2019 permits, and GOV.UK’s guidance says you cannot charge any payment that isn’t on its list. A tenancy clause requiring one isn’t binding on the tenant. In Wales, the Welsh Government’s guidance names check-out and administration fees as prohibited payments. You can still claim, as damages, the reasonable cost of putting right a breach of the tenancy, such as cleaning or repairs, with evidence.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)Tenant Fees Act 2019, section 4GOV.UK: Fees you can charge as part of a tenancyWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agents

Only the payments in Schedule 1: rent; a refundable deposit of up to 5 weeks’ rent, or 6 weeks if the annual rent is £50,000 or more; a refundable holding deposit of up to 1 week’s rent; a lost key or late rent charge, if the agreement provides for it; up to £50, or reasonable costs, for a change the tenant asks for; a payment for ending early at the tenant’s request, capped at your loss; and council tax, utilities, TV licence and communication services. Anything else is banned. Damages for a breach can still be claimed.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy

Only in limited cases. Under Schedule 2 to the Tenant Fees Act 2019, you can keep a holding deposit in England if the applicant fails a Right to Rent check, but only where you didn’t know and couldn’t reasonably have known before taking the deposit; if they gave false or misleading information you could reasonably take into account; if they withdraw; or if they don’t take reasonable steps to agree the tenancy when you have. A failed credit or affordability check based on honest information isn’t one of those reasons, so you must repay within 7 days. If you do keep it, give written reasons within 7 days.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)Tenant Fees Act 2019, Schedule 2, paragraph 5GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Within 7 days. Under Schedule 2 to the Tenant Fees Act 2019, the 7 days run from the day you sign the tenancy agreement, the day you decide not to go ahead, or the deadline for agreement, whichever applies. The deadline for agreement is the 15th day starting with the day you received the deposit, unless you and the applicant agree a different date in writing. When the agreement is signed you can instead put it towards the first rent or the tenancy deposit, if the tenant agrees. You keep it only if an exception applies, such as false information or the applicant pulling out. Wales uses the same 15-day and 7-day periods.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 2Rent Smart Wales: A guide to holding deposits

Yes, in England. Under paragraph 5 of Schedule 2 to the Tenant Fees Act 2019, if you believe you’re entitled to keep a holding deposit, you must tell the applicant why in writing within 7 days, starting from the day you decide not to go ahead or from the deadline for agreement. If you don’t, you must repay it even if a valid reason existed, and GOV.UK warns you may face a financial penalty. Say which exception applies, for example false information about income, and keep the evidence behind it. The Welsh Act has no matching written-reasons rule, but Rent Smart Wales advises deciding case by case and keeping evidence.

SourcesTenant Fees Act 2019, Schedule 2, paragraph 5GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 2Rent Smart Wales: A guide to holding deposits

Yes, if the tenant agrees. Schedule 2 to the Tenant Fees Act 2019 lets you apply a holding deposit, with the tenant’s consent, towards the first payment of rent or towards the tenancy deposit once the agreement is signed. If it goes towards the tenancy deposit, it must be protected along with the rest: the Act treats it as received on the date of the tenancy agreement, so the 30-day protection deadline under section 213 of the Housing Act 2004 runs from then. Get the tenant’s agreement in writing. Wales allows the same, towards the first rent or the security deposit.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Housing Act 2004, section 213Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 2

Partly. Under the Renting Homes (Fees etc.) (Wales) Act 2019 the cap is the same one week’s rent, the deadline for agreement is again 15 days unless extended in writing, and you must repay within 7 days unless it goes towards the first rent or security deposit. The main difference: before taking it you must give the applicant set information in writing, such as the rent, security deposit, reference checks and any guarantor requirement, or you can’t keep it if they pull out or don’t take reasonable steps. There is no Right to Rent exception, and Rent Smart Wales says requiring a prohibited payment can lead to a £1,000 fixed penalty.

SourcesRenting Homes (Fees etc.) (Wales) Act 2019, Schedule 2Rent Smart Wales: A guide to holding depositsWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agents

Only interest on late rent, and only within the Tenant Fees Act 2019’s limits in England. If your tenancy agreement provides for it, you can charge interest once rent is 14 days overdue, at no more than 3% above the Bank of England base rate, on the amount still unpaid. A flat late-payment fee, an admin charge or a fee for a bounced or failed payment isn’t one of the Act’s permitted payments, so it is banned. GOV.UK also asks you to consider the tenant’s circumstances, such as a banking outage or a delayed benefit payment, before charging. The other permitted default fee is for replacing a lost key.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)Tenant Fees Act 2019, Schedule 1, paragraph 4 (default fees)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

No. In England, the Tenant Fees Act 2019 allows only the payments listed in Schedule 1, and a fine or penalty for breaching the agreement isn’t one of them, so the payment is prohibited and a clause requiring it isn’t binding on the tenant. What you can claim is damages: your actual loss from the breach, which the Act permits. If a tenant smoked in breach of the agreement, you could claim the reasonable cost of putting right what it caused, such as extra cleaning or redecoration, from the deposit or through the courts, backed by the check-out report, photos and invoices, and allowing for fair wear and tear.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

You must repay it, and you may face a penalty. Under the Tenant Fees Act 2019, a term requiring the payment isn’t binding, and your tenant can apply to the First-tier Tribunal, which can order you to repay all or part of it. Your local council can act too: GOV.UK says a first breach can bring a financial penalty of up to £5,000, and a further breach within five years can lead to prosecution or a penalty of up to £30,000. A conviction carries an unlimited fine and is a banning order offence. Where a penalty is issued, the council can also require you to repay the tenant.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Tenant Fees Act 2019, section 15 (recovery by relevant person of amount paid)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)

Yes in England, but it is capped. Under Schedule 1 to the Tenant Fees Act 2019, when the tenant asks to vary, assign or novate the tenancy, such as replacing one sharer with another, you can charge up to £50, or more only if your reasonable costs are higher. GOV.UK says that above £50 you must give the tenant evidence the fee is reasonable, and that you don’t have to charge at all. You can’t charge for changes you ask for yourself. Update the tenant details with your deposit scheme too. In Wales, Welsh Government guidance says you can’t require a payment for a change of sharer.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsDPS: Quick answers

Yes, but only a limited amount, and only after the tenancy agreement is signed. Under the Renters’ Rights Act 2025, for assured tenancies in England you can’t ask for, encourage or accept any rent before the agreement is signed. Between signing and the start date you can ask for the first month’s rent, or up to the first 28 days if rent is paid more often, such as weekly. Once the tenancy starts, rent is due on the dates in the agreement and any term requiring earlier payment has no effect, though the tenant can choose to pay early. The rules don’t apply to agreements signed before 1 May 2026.

SourcesGOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)Renters’ Rights Act 2025, section 8 (rent in advance)Tenant Fees Act 2019, section 5A (pre-tenancy payments of rent)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Charge simple daily interest on the unpaid rent, at no more than 3% above the Bank of England base rate, and only once the rent is 14 days late. Paragraph 4 of Schedule 1 to the Tenant Fees Act 2019 works it out for each day after the due date on which rent is outstanding, applied to the amount unpaid at the end of that day. GOV.UK’s example: £500 owed with a 3% base rate gives a 6% annual rate, £30 a year or about 8p a day. If the amount owed or the base rate changes, recalculate for each period. Your tenancy agreement must provide for the charge, and anything above this figure is banned.

SourcesTenant Fees Act 2019, Schedule 1, paragraph 4 (default fees)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Tenant Fees Act 2019, guidance for tenants (updated 7 July 2026)

No, not for an assured tenancy in England agreed on or after 1 May 2026. Section 5A of the Tenant Fees Act 2019, added by the Renters’ Rights Act 2025, says you must not ask for, encourage or accept rent before the tenancy agreement has been signed by you or your agent and the tenant. If the applicant offers it, you must refuse; accepting is itself a breach. Before signing you can take a holding deposit of up to one week’s rent to reserve the property. Once the agreement is signed, you can ask for the first month’s rent, or the first 28 days if rent is weekly, before the tenancy starts.

SourcesTenant Fees Act 2019, section 5A (pre-tenancy payments of rent)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

It depends on what the money is for. In Johnson v Old (2013), the Court of Appeal held that six months’ rent paid in advance under the tenancy agreement was rent, not a deposit, because it paid a current liability rather than being held as security. The court accepted that money intended as security would have been a deposit, which must be protected and counts towards the five-week cap. Since 1 May 2026, once the tenancy has started your tenant can choose to pay rent early and you can accept it, but you can’t ask for it, and before the start date you can’t take more than the first month.

SourcesJohnson v Old [2013] EWCA Civ 415 (The National Archives)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)Tenant Fees Act 2019, Schedule 1, paragraph 2 (tenancy deposits)

Not if it is genuinely rent. In Johnson v Old [2013] EWCA Civ 415, the Court of Appeal held that £6,000 paid as six months’ rent in advance, under a clause requiring it, wasn’t a tenancy deposit because it was applied to rent as it fell due rather than held as security. The decision turned on the agreement’s wording, and the court accepted that money intended as security would be a deposit. Since 1 May 2026, though, you can’t require or accept six months up front for a new assured tenancy in England: GOV.UK’s guidance gives accepting six months’ rent to secure a property as an example of a breach.

SourcesJohnson v Old [2013] EWCA Civ 415 (The National Archives)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)

Up to £5,000 for a first breach. The Renters’ Rights Act 2025 brought rent-in-advance rules into the Tenant Fees Act 2019’s enforcement system, run by councils in England. GOV.UK’s guidance says a council can issue a civil penalty of up to £5,000, and for the same breach again within five years it can prosecute or fine you up to £30,000. Where a penalty is issued, the council can require you to repay the illegal payment to the tenant, and the tenant can apply to the First-tier Tribunal for repayment. Any tenancy term requiring rent before it is due has no effect.

SourcesGOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)Tenant Fees Act 2019, section 15 (recovery by relevant person of amount paid)Renters’ Rights Act 2025, section 8 (rent in advance)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

No. The cap still comes from Schedule 1 to the Tenant Fees Act 2019: five weeks’ rent where the annual rent is under £50,000, and six weeks’ rent where it is £50,000 or more, with one week’s rent being the annual rent divided by 52. GOV.UK’s fees guidance, updated in July 2026 after the Renters’ Rights Act took effect, gives the same limits, and the holding deposit cap is still one week’s rent. What the Act changed is upfront rent: since 1 May 2026, no rent before signing and only the first month between signing and the start date. Wales has no equivalent deposit cap.

SourcesTenant Fees Act 2019, Schedule 1, paragraph 2 (tenancy deposits)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Not because of the 1 May 2026 changes alone. Section 146 of the Renters’ Rights Act 2025 says an existing assured tenancy continues on and after that date, now as a periodic tenancy, so it is the same tenancy rather than a new one. Shelter’s legal guidance says you don’t have to re-protect a deposit you protected during the assured shorthold tenancy. What matters more now is that the original protection was right: under section 215 of the Housing Act 2004, a court generally can’t make a possession order unless the deposit is held in a scheme and the prescribed information was given. Check both, and put right any gap.

SourcesRenters’ Rights Act 2025, section 146 (existing assured tenancies)Shelter Legal England: Tenancy deposit protection (updated 1 May 2026)Housing Act 2004, section 215Housing Act 2004, section 215B

You can no longer take more than the first month’s rent up front, but other forms of security are still permitted. GOV.UK says you can ask for a suitable rent guarantor as a condition of granting the tenancy, and the tenant can choose to use a professional guarantor service. You can still take a deposit of up to five weeks’ rent, or six if the annual rent is £50,000 or more. You can’t require the tenant to pay for insurance or take out a loan, though they may choose a deposit replacement product if you agree. For landlord insurance, ask an insurer or broker.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Asking for rent in advance, guidance for local authorities (updated 8 May 2026)GOV.UK: Tenant Fees Act 2019, guidance for tenants (updated 7 July 2026)

Only if the total held as deposit stays within the cap. Under the Tenant Fees Act 2019, a tenancy deposit is any money held as security for the tenant’s obligations, so a pet deposit is part of it, and the limit is five weeks’ rent, or six if the annual rent is £50,000 or more. Anything above that is a prohibited payment, and all of it must be protected in a scheme within 30 days. Under the rules from 1 May 2026 you can’t unreasonably refuse a written pet request, and GOV.UK says you can use the deposit for repairs caused by pet damage. You can’t require the tenant to buy pet insurance.

SourcesTenant Fees Act 2019, Schedule 1, paragraph 2 (tenancy deposits)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Assured tenancy agreements, a guide for landlords: if a tenant wants a pet to live with themGOV.UK: Guide to the Renters’ Rights Act

Not as a separate pet charge mid-tenancy. Since 1 May 2026, section 13 of the Housing Act 1988 means rent on an assured tenancy can only go up through a section 13 notice, a tribunal decision or a written agreement after one, and any other rent-increase term has no effect. A section 13 increase can take effect only once a year, needs at least two months’ notice and should reflect the market rent; your tenant can challenge it at the First-tier Tribunal. Having a pet doesn’t create another route. If the pet causes damage beyond fair wear and tear, GOV.UK says you can use the deposit for the repairs.

SourcesHousing Act 1988, section 13GOV.UK: Renters’ Rights Act, an overview for landlordsGOV.UK: Guide to the Renters’ Rights ActGOV.UK: Assured tenancy agreements, a guide for landlords: if a tenant wants a pet to live with them

Yes. Wales has no deposit cap at present: the Renting Homes (Fees etc.) (Wales) Act 2019 allows one to be set by regulations, but the Welsh Government’s guidance says there is currently no limit, and the schemes’ joint guide (July 2026) says the Act doesn’t impose England’s five or six-week cap. The same Welsh guidance says it is permissible to ask for a higher deposit if a tenant has pets. The whole amount is a security deposit, so it must be protected with TDS, DPS or mydeposits within 30 days under section 45 of the Renting Homes (Wales) Act 2016. You can’t charge a fee for amending the contract to allow the pet.

SourcesWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)Renting Homes (Wales) Act 2016, section 45

Section 215 of the Housing Act 2004, as replaced from 1 May 2026, says a court can only make a possession order on an assured tenancy if the deposit is held in an authorised scheme, the scheme’s initial requirements were met (late compliance counts) and the prescribed information was given. Grounds 7A and 14, for anti-social behaviour, are exceptions. The bar also lifts once the deposit is returned in full or with agreed deductions, or the tenant’s section 214 claim is decided, withdrawn or settled. Late compliance doesn’t remove a tenant’s claim for one to three times the deposit. For possession, ask a solicitor or see GOV.UK.

SourcesHousing Act 2004, section 215Housing Act 2004, section 214GOV.UK: Guide to the Renters’ Rights Act

At least two months, in writing. Section 20 of the Renters’ Rights Act 2025 amended the Protection from Eviction Act 1977 so that, from 1 May 2026, a tenant’s notice to quit an assured tenancy must be given at least two months before it takes effect. GOV.UK’s guide says the end date must line up with the end of a rent period. You can agree in writing to a shorter period, but with joint tenants that agreement must be with all of them, and a notice given by only one joint tenant is still valid. Rent remains due during the notice period.

SourcesRenters’ Rights Act 2025, section 20 (notices to quit by tenants)GOV.UK: Guide to the Renters’ Rights ActGOV.UK: Renters’ Rights Act, overview for tenants

Yes, in most cases. GOV.UK says all existing assured shorthold tenancies in England became assured periodic tenancies on 1 May 2026, and section 146 of the Renters’ Rights Act 2025 says they continue as periodic tenancies, so the fixed end date no longer applies. Your tenant can therefore end the tenancy with at least two months’ written notice, ending with a rent period, even if the original 12 months haven’t run out. You can’t hold them to the rest of the old fixed term. You can agree a shorter notice period in writing, and the deposit is returned or claimed in the usual way when the tenancy ends.

SourcesGOV.UK: Renters’ Rights Act, an overview for landlordsRenters’ Rights Act 2025, section 146 (existing assured tenancies)Renters’ Rights Act 2025, section 20 (notices to quit by tenants)GOV.UK: Guide to the Renters’ Rights Act

Yes, if the guarantor agreement covers damage and your tenant is liable for it. A guarantor’s promise must be in writing and signed, and they are liable only for what it covers and never for more than the tenant owes, so check whether it extends beyond rent to damage and other breaches. The deposit scheme can’t help with the shortfall: mydeposits notes that schemes only handle disputes up to the deposit amount, so anything above it is claimed from the tenant or guarantor directly, and through the courts if unpaid. Send the guarantor a written demand with your evidence, such as the check-out report, invoices and any adjudication decision.

SourcesStatute of Frauds 1677, section 4Shelter Legal England: Guarantors for tenancy agreements (updated 1 May 2026)mydeposits: Tenancy deposit disputes and the small claims courtGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Usually up to six years, or twelve if the guarantor agreement was made as a deed. Under section 5 of the Limitation Act 1980, a claim on an ordinary contract must be brought within six years of the date the cause of action accrued, and section 8 sets twelve years for a deed. The clock generally starts when the tenant’s debt fell due, or possibly when you made a demand if the agreement says the guarantor only pays on demand, so the exact start depends on the wording. Don’t leave it late: evidence and addresses get harder to find, and the court’s pre-action steps still apply.

SourcesLimitation Act 1980, section 5Limitation Act 1980, section 8Shelter Legal England: Guarantors for tenancy agreements (updated 1 May 2026)

It depends on the guarantor agreement’s wording. GOV.UK’s fees guidance, updated in July 2026, says the terms of a guarantor agreement entered into before 1 May 2026 could be affected by the Renters’ Rights Act reforms, and advises landlords to review existing agreements and get the guarantor’s consent to any changes. Shelter’s legal guidance says that where the agreement only covered a fixed term, the guarantor isn’t liable for the periodic tenancy unless the agreement says it covers one. A guarantor also can’t be liable for a rent increase made outside the section 13 process, or for rent after a sole tenant’s death.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Shelter Legal England: Guarantors for tenancy agreements (updated 1 May 2026)Housing Act 1988, section 16N (guarantor not liable for rent after tenant’s death)Housing Act 1988, section 13

No. A guarantor promises to answer for the tenant’s debt, so their liability can’t exceed the tenant’s: Shelter’s legal guidance says ’The guarantor’s liability cannot exceed that of the tenant’, and any defence or set-off the tenant has, such as a deposit protection breach, can be raised by the guarantor too. The agreement can make the guarantor liable for less, for example by capping the amount or covering rent only, and it must be in writing and signed by them. Before you write to a guarantor, work out what the tenant actually owes after the deposit has been applied, and claim only that balance.

SourcesStatute of Frauds 1677, section 4Shelter Legal England: Guarantors for tenancy agreements (updated 1 May 2026)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Only if its wording says so. Shelter’s legal guidance says a guarantor agreement covers only the liabilities it specifies. Many cover rent and damage; cleaning, unpaid bills the tenant was responsible for, and legal or court costs are included only where the agreement says so, for example by covering all the tenant’s obligations under the tenancy. Even then, the guarantor can’t owe more than the tenant does, and the Tenant Fees Act 2019’s limits on payments still apply. Read the agreement before you claim, match each item to the clause that covers it, and attach your evidence, such as invoices and the check-out report.

SourcesShelter Legal England: Guarantors for tenancy agreements (updated 1 May 2026)Tenant Fees Act 2019, Schedule 1 (permitted payments)Statute of Frauds 1677, section 4

Follow the claims process in the product’s own terms, because these products sit outside the statutory deposit schemes. As the Welsh Government’s fees guidance describes them, the tenant pays a third-party provider a fee instead of a deposit; at the end of the tenancy the provider pays you amounts you would otherwise have deducted, and the tenant then owes the provider. Since no deposit is held, the dispute services of TDS, DPS and mydeposits don’t apply. Expect to need the same evidence as for a deposit claim: the tenancy agreement, check-in and check-out reports, dated photos, invoices or quotes, and a rent statement for any arrears.

SourcesWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsGOV.UK: Tenant Fees Act 2019, guidance for tenants (updated 7 July 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

It is set by the product’s terms, not by law, so check your agreement with the provider. A deposit replacement product isn’t a deposit protected under the Housing Act 2004, so there’s no statutory claim window; each provider sets its own deadline, and a late claim may be refused under its terms. Find out the deadline before the tenancy ends, book the check-out inspection promptly and gather invoices or quotes early so the claim is ready in time. If the product doesn’t cover everything, you can still pursue your tenant for the rest, through the courts if necessary.

SourcesWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsGOV.UK: Tenant Fees Act 2019, guidance for tenants (updated 7 July 2026)mydeposits: Tenancy deposit disputes and the small claims court

It depends on the product’s terms, because the statutory schemes’ free dispute services cover only deposits they protect. Check whether your product has its own dispute process, who decides, how long each side has to send evidence, and whether the decision binds you, the tenant or the provider. If there is no process, or the matter isn’t settled, the remaining route is a claim against the tenant in the county court, usually on the small claims track. Either way your tenant can challenge your figures, so prepare as you would for a scheme adjudication: each item tied to the tenancy agreement, with dated evidence and invoices.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsmydeposits: Tenancy deposit disputes and the small claims court

Not for the replacement product itself, because no deposit is paid to you. The duties to protect a deposit and give prescribed information under section 213 of the Housing Act 2004 apply to a tenancy deposit, which section 212 defines as money held as security for the tenant’s obligations. With a replacement product, the tenant buys a product from a third party instead of handing over money to be held as security, so there is nothing to protect. If you also take any cash deposit, even a small one, that money must be protected within 30 days and the prescribed information given in the usual way.

SourcesHousing Act 2004, section 212Housing Act 2004, section 213GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

It depends entirely on the product’s terms, so check them before you agree to one. The five-week cap in the Tenant Fees Act 2019 limits the tenancy deposit, which is money held as security. A replacement product isn’t a deposit, so the amount it covers is set by the provider’s contract, not by the cap. Compare the maximum cover, what it excludes, how and when you must claim, and how a disagreement with the tenant is settled. The schemes’ statutory dispute services are for protected deposits, so the product’s own terms say who decides. GOV.UK says the tenant must be free to choose the product: you can’t require it.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Housing Act 2004, section 212Housing Act 2004, Schedule 10, paragraph 10 (dispute resolution)

The Tenant Fees Act 2019 caps the tenancy deposit at five weeks’ rent (six if the annual rent is £50,000 or more). Section 1 bans requiring a tenant, or someone guaranteeing their rent, to make any payment not on the permitted list or to take out insurance or a service contract with a third party. Those rules cover what the tenant pays or must take out, so cover a landlord chooses and pays for isn’t a payment by the tenant. If any part of a product’s cost falls on the tenant, check it against the permitted payments first. Whether a policy suits you is for an insurer or broker.

SourcesTenant Fees Act 2019, section 1Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Yes, if the applicant tells you before the deadline for agreement that they’ve decided not to go ahead, under Schedule 2 to the Tenant Fees Act 2019. You can also keep it if they fail to take all reasonable steps to sign by the deadline while you took all reasonable steps, or give false or misleading information that matters to your decision. You can’t keep it if you or your agent required a banned payment or behaved so that it would be unreasonable to expect them to sign. Tell them in writing why you’re keeping it within 7 days, or you must repay it. Wales has similar rules, but they depend on information given before the deposit was paid.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 2

It is the date by which you and the applicant should enter into the tenancy: by default, the fifteenth day of the period starting on the day you receive the holding deposit, under Schedule 2 to the Tenant Fees Act 2019. So a deposit received on 1 October has a deadline of 15 October. You can agree a different day with the applicant, but only in writing. If no tenancy is entered into by the deadline, you must repay the deposit within 7 days, unless an exception applies, such as the applicant failing to take all reasonable steps to sign, and you give written reasons within those 7 days. Wales also uses 15 days, extendable by written agreement.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 2

No, the basis for deductions is the same: you can claim for the tenant’s breach of the tenancy agreement, such as unpaid rent, bills they were responsible for, damage beyond fair wear and tear or cleaning, with evidence of the loss. The cap of five weeks’ rent (six at £50,000 a year or more) is unchanged. What changed in England from 1 May 2026 is the setting: tenancies are periodic, a tenant usually ends one with two months’ notice and pays rent until it ends, and GOV.UK confirms you can deduct for pet damage but can’t also claim the same damage on insurance. Deposits must still be protected within 30 days.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Housing Act 2004, section 213A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)GOV.UK: Renters’ Rights Act, an overview for landlords

Yes, where the information sheet applies, because they are separate duties. The prescribed information is about the deposit and must be given within 30 days of receiving it, under section 213 of the Housing Act 2004. The Renters’ Rights Act Information Sheet 2026 was for tenancies in England that existed before 1 May 2026 with a written agreement: it had to be given to every named tenant by 31 May 2026, and GOV.UK says failing to can mean a fine of up to £7,000. For tenancies created from 1 May 2026, you give the required written information about the key terms before the tenancy is agreed instead. Neither replaces the deposit paperwork.

SourcesHousing Act 2004, section 213GOV.UK: The Renters’ Rights Act Information Sheet 2026GOV.UK: Assured periodic tenancies, a guide for landlords

It depends on when the tenancy was entered into and what the agreement says. The ban on terms requiring rent in advance, in section 4B of the Housing Act 1988, doesn’t apply to tenancies entered into before 1 May 2026, and Shelter’s reading is that a pre-May agreement which genuinely says rent is payable in advance can still be enforced. If the tenancy was only agreed informally and signed on or after 1 May 2026, the new rules apply: no rent before signing, and usually no more than one month’s rent before it starts. Separately, rent periods longer than a month became monthly from 1 May 2026, under section 4A.

SourcesRenters’ Rights Act 2025, section 8 (inserting section 4B of the Housing Act 1988)Housing Act 1988, section 4ARenters’ Rights Act 2025, Schedule 6GOV.UK: Assured periodic tenancies, a guide for landlords: rent in advance and depositsGOV.UK: Assured periodic tenancies, a guide for landlords

Not if it is genuinely rent. In Johnson v Old [2013] EWCA Civ 415, the Court of Appeal held that six months’ rent paid upfront under the tenancy agreement was rent, not a tenancy deposit, because none of it was held as security. Section 212 of the Housing Act 2004 defines a deposit as money held as security for the tenant’s obligations, so any money you hold back to cover future rent or damage is a deposit and must be protected. Since 1 May 2026 in England, you also can’t take rent before the tenancy agreement is signed, or ask for more than one month’s rent (or 28 days’) before the tenancy starts.

SourcesJohnson v Old [2013] EWCA Civ 415 (The National Archives, Find Case Law)Housing Act 2004, section 212GOV.UK: Assured periodic tenancies, a guide for landlords: rent in advance and depositsRenters’ Rights Act 2025, section 9

Round down. Under the Tenant Fees Act 2019, one week’s rent is the annual rent divided by 52, and any amount over five weeks’ rent is a prohibited payment, however small. For rent of £1,200 a month, the annual rent is £14,400 and five weeks’ rent is £1,384.615, so the most you can take is £1,384.61. Rounding up to £1,384.62 would put a penny over the cap. Work from the annual rent rather than multiplying a rounded weekly figure, and check the result with a scheme’s cap calculator, such as the one the DPS publishes.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)DPS: The Tenant Fees Act and tenancy deposit cap

When the annual rent is £50,000 or more. Under Schedule 1 to the Tenant Fees Act 2019, the cap is five weeks’ rent where the annual rent is under £50,000 and six weeks’ rent where it is £50,000 or more, using the annual rent immediately after the tenancy is granted, renewed or continued. For example, rent of £5,000 a month is £60,000 a year, so the cap is £60,000 divided by 52 and multiplied by six: £6,923.07, rounded down. GOV.UK notes the Act doesn’t apply where the annual rent is more than £100,000. Wales has no equivalent cap at present.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)DPS: The Tenant Fees Act and tenancy deposit cap

You can ask, but there is no statutory right to a top-up, so it needs the tenant’s agreement or a term in the tenancy agreement, and the total must stay within the cap. The Tenant Fees Act 2019 measures the cap on the annual rent immediately after the tenancy’s grant, renewal or continuance, and doesn’t deal expressly with top-ups after a rent increase. The DPS lets you add to a protected deposit, but tells you to check the new total against the cap first. Protect any extra money within 30 days and give updated prescribed information. In England, the rent increase itself goes through the section 13 process.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)DPS: Quick answersHousing Act 2004, section 213GOV.UK: Renters’ Rights Act, an overview for landlords

Under the Tenant Fees Act 2019, the amount above the cap is a prohibited payment. The council can fine up to £5,000 for a first breach and require the excess to be repaid, and the tenant can apply to the First-tier Tribunal to recover it. With the tenant’s consent, the excess can instead be put towards rent under the tenancy. If the deposit is protected, the scheme can reduce it; the DPS, for example, has a deposit reduction request form and repays the excess to the tenant. Updated prescribed information showing the correct amount, and a record of each step, keep the paperwork accurate.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)Tenant Fees Act 2019, section 10Tenant Fees Act 2019, section 15GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)DPS: The Tenant Fees Act and tenancy deposit cap

Only in the situations Schedule 2 to the Tenant Fees Act 2019 allows: the applicant fails a Right to Rent check that you couldn’t reasonably have known about beforehand, gives false or misleading information you’re entitled to take into account, tells you before the deadline for agreement that they won’t go ahead, or fails to take all reasonable steps to sign by the deadline when you have. Otherwise you must repay it within 7 days, and if you keep it you must give written reasons within 7 days. GOV.UK says a misspelling or missing previous address that doesn’t affect suitability isn’t a reason to keep it. It is capped at one week’s rent.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

The holding deposit rules themselves didn’t change: it is still capped at one week’s rent, held for 15 days unless you agree otherwise in writing, and repaid within 7 days unless an exception applies. What changed in England is the rent around it. You can no longer ask for or accept rent before the tenancy agreement is signed, and after signing you can usually ask for only one month’s rent, or 28 days’, before the tenancy starts. With the applicant’s consent, the holding deposit can still be put towards that first rent payment or towards the tenancy deposit; if it goes to the deposit, it must then be protected.

SourcesTenant Fees Act 2019, Schedule 2 (treatment of holding deposit)Renters’ Rights Act 2025, section 9Renters’ Rights Act 2025, section 8 (inserting section 4B of the Housing Act 1988)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Assured periodic tenancies, a guide for landlords: rent in advance and deposits

In England, none before the tenancy agreement is signed, and usually no more than one month’s rent (or 28 days’ rent if it isn’t paid monthly) between signing and the start date. During the tenancy, section 4B of the Housing Act 1988 makes terms requiring rent before the period it covers of no effect, so you can’t require several months upfront. GOV.UK says a tenant can choose to pay early once the tenancy has started, but you can’t make them. Rent in advance isn’t part of the deposit, which can still be taken in full, up to the cap, before signing. Section 4B applies to tenancies entered into from 1 May 2026.

SourcesRenters’ Rights Act 2025, section 8 (inserting section 4B of the Housing Act 1988)Renters’ Rights Act 2025, section 9GOV.UK: Assured periodic tenancies, a guide for landlords: rent in advance and depositsGOV.UK: Assured periodic tenancies, a guide for landlords

The 1 May 2026 conversion didn’t protect the deposit. Under section 214 of the Housing Act 2004, the tenant can apply to the county court during or after the tenancy, and if it finds a breach, the court must order one to three times the deposit. Under section 215 as amended, a court can’t make a possession order, except on antisocial behaviour grounds 7A or 14, unless the deposit is protected and the prescribed information given, even late, the deposit has been returned in full or with agreed deductions, or a section 214 claim has been decided, withdrawn or settled. Late protection doesn’t remove a section 214 claim.

SourcesHousing Act 2004, section 214Housing Act 2004, section 215GOV.UK: Renters’ Rights Act, an overview for landlordsRenters’ Rights Act 2025, Schedule 6

Yes, as an option the tenant chooses, but not as a requirement. GOV.UK’s Tenant Fees Act guidance says requiring a tenant to take out insurance or a contract for a service, giving a deposit replacement product as an example, is a prohibited payment, though a tenant can use one if they choose. Under section 1 of the Tenant Fees Act 2019, offering it as an alternative to a normal deposit within the cap isn’t treated as requiring it, unless it would be unreasonable to expect the tenant to pay that deposit instead. Read the product’s terms on cover, claims and disputes, because it isn’t a protected deposit and the schemes’ dispute services don’t cover it.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Tenant Fees Act 2019, section 1Housing Act 2004, section 212Housing Act 2004, Schedule 10, paragraph 10 (dispute resolution)

No. In England, section 1 of the Tenant Fees Act 2019 bans requiring a tenant to enter into a contract of insurance or a contract for a service with a third party, and GOV.UK names deposit replacement products as an example. The council can fine you up to £5,000 for a first breach, and the tenant can apply to the First-tier Tribunal to recover what they paid under the contract. You can offer it as an alternative to a normal cash deposit within the cap, as long as paying the cash deposit is a genuine and reasonable option for the tenant. In Wales, the 2019 fees Act makes it an offence to require a contract for services.

SourcesTenant Fees Act 2019, section 1GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Tenant Fees Act 2019, section 15Renting Homes (Fees etc.) (Wales) Act 2019, section 2

No, because it isn’t a deposit. Section 212 of the Housing Act 2004 defines a tenancy deposit as money held as security for the tenant’s obligations, and the protection and prescribed information duties in section 213 apply only to that. With a replacement product, no money is held as security for the tenant, so there is nothing to put into TDS, DPS or mydeposits, and their free dispute services, which exist for protected deposits, don’t cover it. Any claim follows the product’s own terms. If you take a cash deposit as well, even a partial one, that money must be protected within 30 days.

SourcesHousing Act 2004, section 212Housing Act 2004, section 213Housing Act 2004, Schedule 10, paragraph 10 (dispute resolution)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)

Yes. GOV.UK’s Tenant Fees Act guidance says you can ask for a suitable rent guarantor as a condition of granting the tenancy, and you can also take a tenancy deposit of up to five weeks’ rent, or six if the annual rent is £50,000 or more. The cap covers all money held as security, whoever pays it, so a guarantor can’t be asked for a second deposit on top. A deposit paid by someone else, such as a parent, must still be protected, and the prescribed information given to them as well. For guarantor agreements made from 1 May 2026, the guarantor isn’t liable for rent after a sole tenant’s death.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Deposit protection schemes and landlordsHousing Act 2004, section 213Renters’ Rights Act 2025, section 19 (guarantor not liable for rent after tenant’s death)

No. GOV.UK’s Tenant Fees Act guidance gives a professional guarantor service as an example of a contract you can’t require a tenant to take out, because section 1 of the Tenant Fees Act 2019 bans requiring a contract for a service or insurance with a third party. What you can do is ask for a suitable rent guarantor as a condition of the tenancy; the tenant may then choose to use a professional service to meet that requirement. Requiring one can lead to a council fine of up to £5,000 for a first breach, and the tenant can recover what they paid under the contract through the First-tier Tribunal.

SourcesGOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Tenant Fees Act 2019, section 1Tenant Fees Act 2019, section 15

Only for the loss it actually causes you. In England, most tenancies became periodic on 1 May 2026, and a tenant ends one by giving 2 months’ notice and paying rent until it ends. Under the Tenant Fees Act 2019, a payment for leaving early at the tenant’s request can’t exceed your loss, and GOV.UK says a fee for leaving without the correct notice can’t exceed the rent you would have received. Unpaid rent for the notice period is a rent arrears claim, evidenced by a rent statement.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancyGOV.UK: Renters’ Rights Act, overview for tenantsTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)

First check whether the tenancy has actually ended. In England, a tenant can end an assured tenancy by notice or by agreeing with you, but you can only end it by obtaining a court possession order that is then carried out, under section 5 of the Housing Act 1988. Until then, the money owed is rent, claimed as arrears with a rent account. If the tenancy did end and the tenant stayed on, you may be owed damages for the extra time. Whether the deposit covers that depends on your deposit clause and the evidence. TDS’s rules say a deposit dispute can’t be considered until the tenancy has lawfully ended.

SourcesHousing Act 1988, section 5GOV.UK: Assured periodic tenancies, a guide for landlordsHousing Act 2004, section 212TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Explain in writing that the deposit is dealt with after the tenancy ends, not before. TDS’s rules say a deposit dispute can’t be considered until the tenancy has lawfully ended, and GOV.UK says the deposit must be returned within 10 days of you both agreeing how much the tenant gets back. Set out the timetable: check-out, your proposed deductions with evidence, then repayment through the scheme. Rent stays due until the tenancy ends. Don’t change the locks or remove them yourself: in England a tenant who stays can only be evicted through the court, and illegal eviction is a criminal offence. If they gave notice and stay on, you may be owed money for the extra time.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026GOV.UK: Deposit protection schemes and landlordsGOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Evicting tenants in EnglandHousing Act 1988, section 5

Usually not, if you or the scheme paid as the tenants instructed. The schemes leave sharing the money to the tenants: mydeposits requires its lead tenant to confirm they act for all the joint tenants and will share any money fairly, the DPS custodial scheme only accepts instructions from a tenant who confirms they act for all of them, and TDS Custodial’s dispute rules say it repays the tenants’ share in the way the lead tenant tells it. In the DPS insured scheme, you return the deposit to the lead tenant the tenants nominated. Keep their written instructions and proof of payment. Paying one tenant without the others’ authority leaves you less to rely on.

Sourcesmydeposits custodial conditions of resolution (v04)mydeposits conditions of resolution, insured (July 2026)DPS custodial terms and conditions (v35, May 2026)DPS insured terms and conditions (v30, May 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

Not through the deposit scheme. Joint tenants share responsibility under one tenancy, so your claim is against the deposit as a whole, and adjudicators only decide what goes to you and what goes back to the tenants. TDS Custodial’s rules say it won’t resolve disputes between tenants and will pay them in equal shares if they can’t agree how to divide it, and mydeposits says it can’t resolve matters between joint tenants. The tenants can agree among themselves that the one responsible bears the cost, for example by entering different amounts for each tenant in a DPS repayment request. Set out your claim against the tenancy, not against one tenant.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits custodial conditions of resolution (v04)DPS: The repayment process (including when a tenant has died)GOV.UK: Assured periodic tenancies, a guide for landlords

It depends on the scheme, and none of them divides the tenants’ share by fault. TDS Custodial’s dispute rules say that if the joint tenants can’t agree how to apportion their share, it pays them in equal shares. The DPS custodial scheme deals with one nominated tenant who confirms they act for all the joint tenants, and can’t process the tenants’ instructions until someone does. mydeposits works through a lead tenant who must agree to share any money fairly, and says it can’t resolve matters between the tenants. Adjudicators decide only what goes to you and what goes to the tenants as a group.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS custodial terms and conditions (v35, May 2026)mydeposits custodial conditions of resolution (v04)mydeposits conditions of resolution, insured (July 2026)

Agree in writing how the leaving sharer’s share is settled, then update the scheme. Often the incoming sharer pays the outgoing one directly: the DPS’s terms say that when a tenant is removed, the remaining tenants arrange any payment to them, and its change-of-tenant process is only for cases where you have no claim for the tenant leaving. If you might have a claim, inspect first and use the repayment process instead. Section 215B’s rule for replacement tenancies needs the same tenants, so the safe course is to give all the tenants fresh prescribed information. You can charge up to £50, or your reasonable costs if higher, for the change.

SourcesDPS custodial terms and conditions (v35, May 2026)Housing Act 2004, section 215BHousing Act 2004, section 213Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Assured periodic tenancies, a guide for landlords

Yes. A written surrender should record the date the tenancy ends, the rent due up to then, when the keys come back and how the deposit will be handled: any deductions you’ve both agreed, with amounts, and that anything not agreed can go to the scheme’s free dispute service. GOV.UK says an agreement to end a tenancy early or shorten the notice period needs to be in writing, and that the deposit must be returned within 10 days of agreeing the amount. Under the Tenant Fees Act 2019, any payment for leaving early at the tenant’s request can’t exceed your actual loss. In a joint tenancy, all the tenants should sign.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Deposit protection schemes and landlordsTenant Fees Act 2019, Schedule 1 (permitted payments)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

To the person dealing with the tenant’s estate, not simply a relative. The deposit belongs to the estate, so it is repaid to the executor named in the will or, if there’s no will, an administrator or the next of kin the scheme accepts. The DPS asks for a copy of the will and the death certificate, or a grant of probate naming the executors, before it lets them request the deposit, and has a next-of-kin declaration and indemnity form where there’s no will or grant. TDS asks for a copy death certificate, will or grant of probate. Wait until the tenancy has ended, and agree any deductions with that person.

SourcesDPS: The repayment process (including when a tenant has died)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026Housing Act 1988, section 17Law of Property (Miscellaneous Provisions) Act 1994, section 14 (vesting in the Public Trustee)

Usually a death certificate plus proof of who can act for the estate. The DPS asks for a copy of the will and the death certificate, or a grant of probate naming the executors; it then updates the tenancy record and sends the executors what they need to request the deposit. Where there’s no will or grant, it can give the next of kin a Next of Kin Declaration and Indemnity Form. TDS Custodial’s dispute rules ask to be told when a party has died, with a copy death certificate, will or grant of probate. mydeposits’ published conditions don’t list documents for this, so ask it directly.

SourcesDPS: The repayment process (including when a tenant has died)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits custodial conditions of resolution (v04)

Then the scheme can deal with the next of kin, or with an administrator once one is appointed. The DPS says that where there’s no will or grant of probate, it can give the next of kin a Next of Kin Declaration and Indemnity Form, and asks the person dealing with the estate to contact it directly. A family member can also apply for letters of administration. Until a grant is made, the estate of someone who died without a will vests in the Public Trustee, and notices affecting the property can be served on ’The Personal Representatives of’ the tenant, with a copy to the Public Trustee. Keep evidence of every step.

SourcesDPS: The repayment process (including when a tenant has died)Law of Property (Miscellaneous Provisions) Act 1994, section 14 (vesting in the Public Trustee)Law of Property (Miscellaneous Provisions) Act 1994, section 18

In England, no: the tenancy doesn’t end on death, and rent keeps running until it is ended. Under section 17 of the Housing Act 1988, it passes to a spouse or civil partner, or someone living with the tenant as one, who lived there as their only or principal home; otherwise it passes under the will or intestacy. The estate owes rent until the personal representatives end it by notice or agree a surrender, or you start possession proceedings on Ground 7 within 12 months of the death. A guarantor who signed from 1 May 2026 isn’t liable for rent after the death. In Wales, a contract usually ends a month after the death, or sooner if you’re notified.

SourcesHousing Act 1988, section 17Housing Act 1988, Schedule 2, Part I (Ground 7)Renters’ Rights Act 2025, section 19 (guarantor not liable for rent after tenant’s death)Renting Homes (Wales) Act 2016, section 155

Yes, with evidence, but agree it with the person dealing with the estate. Rent keeps running until the tenancy ends, so rent from the death to the end date can be claimed from the deposit, backed by a rent account. The tenant’s belongings are part of the estate, so don’t clear or dispose of them without the personal representatives’ agreement; clearance costs are easier to support if they agreed you could arrange it. If you can’t agree, the scheme’s dispute service decides. Any rent owed beyond the deposit is a claim against the estate, and a guarantor who signed from 1 May 2026 isn’t liable for rent after the death.

SourcesHousing Act 1988, section 17Renters’ Rights Act 2025, section 19 (guarantor not liable for rent after tenant’s death)DPS: The repayment process (including when a tenant has died)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Not while the tenancy continues. Prison doesn’t end a tenancy, and the deposit is dealt with once it has ended: TDS’s rules, for example, say a deposit dispute can’t be considered until the tenancy has lawfully ended. Rent keeps falling due. The tenant can end the tenancy by giving notice or by agreeing a surrender with you in writing. Possession on rent arrears grounds goes through a section 8 notice and the court, which is outside the deposit process, so see GOV.UK’s guidance or take advice from a solicitor. Once the tenancy has ended, arrears can be claimed from the deposit with a full rent account.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026Housing Act 1988, section 5GOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Renters’ Rights Act, an overview for landlordsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Under section 1 of the Protection from Eviction Act 1977, depriving a residential occupier of their home is a criminal offence unless the landlord believed, with reasonable cause, that they had stopped living there, and belongings left behind can suggest they haven’t. Whether a tenancy has ended, by written surrender or court possession order, is a question for a solicitor before anything is cleared. Meanwhile, try every contact you hold, including any guarantor, and keep dated records and photos. Once the tenancy has ended, reasonable, evidenced clearance costs can be claimed from the deposit, though belongings may need to be kept for the owner first.

SourcesProtection from Eviction Act 1977, section 1GOV.UK: Evicting tenants in EnglandHousing Act 1988, section 5Torts (Interference with Goods) Act 1977, section 12

There’s no single fixed period. The Torts (Interference with Goods) Act 1977 lets someone holding another person’s goods sell them after giving written notice, by registered post or recorded delivery, naming a sale date that gives the owner a reasonable chance to collect. If the owner owes money relating to the goods, such as storage charges, that period must be at least three months. You must account to the owner for the proceeds, less the costs of sale. The Act applies subject to any agreed terms, so check your tenancy agreement too. Keep a dated list and photos of everything left, and copies of your letters.

SourcesTorts (Interference with Goods) Act 1977, section 12Torts (Interference with Goods) Act 1977, Schedule 1

Possibly, if it was reasonable and you can show the cost. A storage charge is easier to support if the tenancy agreement makes the tenant responsible for removing their belongings and you told them in writing where the items are and how to collect them. Keep costs in proportion to the items’ value and the time involved, and keep invoices. Under the Torts (Interference with Goods) Act 1977, money the owner owes for the goods that fell due before your notice of sale can be deducted from the sale proceeds, and if any is owed, the notice before a sale must give at least three months. An adjudicator decides on the agreement and evidence.

SourcesTorts (Interference with Goods) Act 1977, section 12Torts (Interference with Goods) Act 1977, Schedule 1A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Taking a property back is a possession question, outside the deposit process, so take advice from a solicitor before acting. Section 1 of the Protection from Eviction Act 1977 makes unlawful eviction an offence unless the landlord believed, with reasonable cause, that the tenant had stopped living there. There’s no official checklist, and a written surrender from the tenant or a court possession order is the only way to be certain. For the deposit, keep dated photos, meter readings, rent records, a note of any keys returned and copies of every message and notice, as they also support any deposit claim.

SourcesProtection from Eviction Act 1977, section 1GOV.UK: Evicting tenants in EnglandHousing Act 1988, section 5

Returning it lifts the possession bar, but not the penalty. In England, section 215 of the Housing Act 2004 stops a court making a possession order, except on antisocial behaviour grounds 7A and 14, unless the deposit is protected and the prescribed information given, even late, or returned in full or with agreed deductions, or a section 214 claim has been decided, withdrawn or settled. The tenant can still claim one to three times the deposit. Since 1 May 2026, possession needs a section 8 ground. In Wales, a possession notice can’t be given until the deposit is returned or a claim is resolved. Before serving notice, ask a solicitor.

SourcesHousing Act 2004, section 215Housing Act 2004, section 214GOV.UK: Renters’ Rights Act, an overview for landlordsRenting Homes (Wales) Act 2016, Schedule 9A, paragraph 4

Only your actual loss and reasonable costs, under the Tenant Fees Act 2019. In England, a tenant on an assured periodic tenancy can leave with two months’ notice, so leaving sooner needs your written agreement. A payment for ending early at the tenant’s request can’t exceed the loss you suffer, such as rent for any gap before the replacement’s tenancy starts, and an agent’s charge is limited to its reasonable costs. If the replacement takes over the existing tenancy instead, the charge for that change is capped at £50, or your reasonable costs if higher. You can’t charge the new tenant anything outside the permitted payments.

SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Assured periodic tenancies, a guide for landlords

It stays protected and forms part of the tenant’s estate. In England the tenancy doesn’t end automatically on death, so the deposit is dealt with once the tenancy ends, usually by agreement with the personal representatives. You can claim deductions in the usual way, such as rent up to the end date or agreed clearance costs, with evidence. The DPS lets an executor request the deposit once it has a copy of the will and death certificate or a grant of probate, and has a next-of-kin declaration and indemnity form where there’s no will. TDS asks for similar evidence. If you can’t agree the deductions, the scheme’s free dispute service decides.

SourcesDPS: The repayment process (including when a tenant has died)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026Housing Act 1988, section 17Housing Act 1988, Schedule 2, Part I (Ground 7)

No, not while the tenancy carries on. The deposit is security for the whole tenancy, and the schemes only pay part of it to one sharer through their change-of-tenant processes. DPS’s custodial terms say it won’t repay part of a deposit to an outgoing tenant unless its repayment process is completed, and that paying the leaver is for the remaining tenants to arrange. TDS Custodial asks the leaver to confirm they are going, then pays them their share, and you must protect any replacement tenant’s contribution within 30 days. In England, GOV.UK notes that one joint tenant can usually end the joint tenancy for everyone.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)GOV.UK: Assured periodic tenancies, a guide for landlordsHousing Act 2004, section 212

Agree the change in writing with everyone, then update the scheme so the protection carries on. In England, GOV.UK says one joint tenant’s notice usually ends the joint tenancy, so a swap often means a new agreement with the remaining and incoming tenants. Section 215B of the Housing Act 2004 only treats protection as carried over where the landlord and tenant stay the same, so give fresh prescribed information within 30 days; TDS’s rules say the same. Use your scheme’s change-of-tenant process: DPS has a Tenant Transfer tool, and TDS Custodial confirms with the leaver first. You can charge up to £50 for the change, or more if you show it’s reasonable.

SourcesHousing Act 2004, section 215BTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS: During a tenancy (Tenant Transfer and transferring responsibility)GOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Fees you can charge as part of a tenancy

It’s a common arrangement and the schemes allow for it, but make sure the records match the money. DPS’s custodial terms say that when a tenant is removed from a joint tenancy, arranging any payment to the outgoing tenant is the remaining tenants’ responsibility. TDS Custodial instead pays the leaver their share, and you protect the newcomer’s contribution within 30 days. If the sharers settle it between themselves, get a note signed by the leaver, the incoming tenant and you, recording the amount and that the leaver no longer claims the deposit. Then update the scheme and give the incoming tenant the prescribed information.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)Housing Act 2004, section 213

Usually, in England. GOV.UK’s guide for landlords says one joint tenant can usually end a joint periodic tenancy without the others agreeing; if some tenants want to stay, you can create and sign a new tenancy agreement, and extra tenants can be added to an existing one. A new tenancy with different tenants isn’t a replacement tenancy under section 215B of the Housing Act 2004, which needs the same landlord and tenant, so give the tenants fresh prescribed information within 30 days and update the scheme. The deposit can usually stay in the same scheme: DPS and TDS both have change-of-tenant processes.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsHousing Act 2004, section 215BTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)

Yes. TDS’s custodial rules say a change in a tenant’s name or contact details must be recorded within 30 days, and that you should serve prescribed information again when the tenant changes. DPS’s custodial terms let you add or remove tenants online and make you responsible for keeping its records accurate; every tenant is told and has 9 days to object. mydeposits makes you responsible for managing changes to joint tenants, either by updating the existing protection or creating a new one. Section 213 of the Housing Act 2004 requires the prescribed information to go to the tenant, so the new tenant needs it too.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 213

For a joint tenancy, the deposit belongs to the tenants together, so return it the way they jointly instruct. The schemes deal with one lead tenant. TDS’s custodial rules say the lead tenant’s split normally prevails, but if the joint tenants can’t agree, TDS pays them in equal shares, and it won’t resolve disputes between tenants. mydeposits makes the lead tenant agree to share money fairly and says it can’t resolve matters between tenants. For an insured deposit you hold, get a written instruction signed by all the tenants before paying. Anyone who paid the deposit for a tenant is a relevant person and should be included.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Conditions of resolution, insured-backed (July 2026)DPS Custodial Terms and Conditions (v35, May 2026)Housing Act 2004, section 213

It’s the one tenant who deals with the deposit scheme on behalf of all the joint tenants. TDS and mydeposits call them the lead tenant; DPS’s custodial scheme calls them the nominated tenant. TDS’s custodial rules say one must be appointed, that you or your agent must explain the role when the tenancy starts, and that the first tenant to raise a repayment request becomes lead tenant. The lead tenant responds to repayment requests and takes part in any dispute. At DPS, the nominated tenant also acts for anyone else who paid. mydeposits asks you to name a lead tenant, with all the joint tenants’ consent, when protecting.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)DPS: More information about deposit protection (nominated tenant)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)