Tenancy deposit: 5 weeks, 30 days and how to get it back

A tenancy deposit in Britain does not stay in the landlord's pocket. By law the money must go into a government-approved protection scheme within 30 days. If it does not, there is no scheme to arbitrate and the tenant has to go to court.

Who has to protect the deposit?

The landlord, if you rent on an assured periodic tenancy (APT). APTs replaced assured shorthold tenancies on 1 May 2026. In England and Wales the deposit can be registered with one of three schemes: the Deposit Protection Service, MyDeposits (including deposits previously held by Capita) and the Tenancy Deposit Scheme. Scotland and Northern Ireland run separate schemes.

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The duty applies even when somebody else paid — your parents or a rent deposit scheme. One exception: if the tenancy is not an APT, the landlord may accept a valuable item such as a car or a watch instead of money, and that item is not protected by any scheme.

How much can a landlord ask for?

The cap depends on the annual rent. Below £50,000 a year, the deposit is capped at five weeks' rent. Between £50,000 and £100,000, it is capped at six weeks' rent. Anything above that is a prohibited payment.

A holding deposit — the money that reserves a property while pre-tenancy checks run — is counted separately and capped at one week's rent. The landlord may hold it for 15 days unless a different period is agreed in writing.

What is the deadline?

Thirty days from receiving the deposit. Within those same 30 days the landlord must tell you ten things in writing: the address of the property, how much you paid, how the deposit is protected, the name and contact details of the scheme and its dispute resolution service, their own or the agency's contact details, the contact details of any third party who paid, why they might keep some or all of the money, how to apply to get it back, what to do if you cannot reach the landlord, and what to do if there is a dispute.

This is not paperwork for its own sake: that letter is how you know which scheme to chase when you move out.

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When does the money come back?

Within 10 days of you and the landlord agreeing how much you get back. While a dispute is live the money stays protected inside the scheme and neither side can simply take it.

What if you cannot agree on the amount?

Every scheme runs a free dispute resolution service. Using it is optional, but if both sides agree to it the decision is final. Both parties are asked for evidence: photographs, the inventory, written exchanges.

If the landlord has disappeared, you can raise a dispute with the scheme yourself, and it will refund the deposit if the service agrees with you. There may be a time limit on raising a dispute, so contact the scheme as soon as possible.

What if the deposit was never protected?

Then there is no scheme to decide the case, and you may have to apply to your local county court to get the money back. Write to the landlord and the letting agent first — many repay at that point rather than pay legal costs.

Which payments are banned?

Landlords may charge only from a closed list: the rent once the agreement is signed, a refundable tenancy deposit, a refundable holding deposit, a payment to change the tenancy at your request, a payment for leaving without enough notice, payments towards utilities and communication services, a late rent fee, and a fee for replacing a key or security device. Anything else is a prohibited payment.

Report it to your local council, which can investigate, help you recover the money and fine the landlord. Keep proof of what you paid or were asked to pay, the correspondence and your own account of events. You can also apply to the First-tier Tribunal, which can order repayment. Letting agents can additionally be reported to a redress scheme: The Property Ombudsman or Property Redress.

When can you lose a holding deposit?

If the landlord decides to return it, they have seven days, and you can agree to put it towards the first month's rent or the tenancy deposit instead. You lose it in four cases: you gave false or misleading information to get the tenancy, you changed your mind, you did not reply to requests for information, documents or action, or you failed a Right to Rent check.

No decision within seven days, nothing in writing, or reasons you disagree with — complain to the council or to the First-tier Tribunal.

Free advice on renting is available from Shelter and Citizens Advice.