Deposit protection deadlines, prescribed info and penalties
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8 min readOn this page
- The short answer
- The three deposit rules at a glance
- Rule 1: protect the deposit within 30 days
- Rule 2: give the prescribed information within 30 days
- Rule 3: the deposit cap
- Holding deposits
- A simple 30-day routine
- Common mistakes to avoid
- How deposits fit with your other start-of-tenancy documents
- Frequently asked questions
- Next steps
The short answer
When you take a tenancy deposit in England, you must protect it in a government-approved scheme and give your tenant the prescribed information within 30 days of receiving it. The deposit itself is capped at five weeks’ rent where the annual rent is below £50,000, or six weeks’ rent where it is £50,000 or more. A holding deposit is capped at one week’s rent.
This guide explains each rule, with worked examples of the deadline and the cap. It is general information for landlords in England, not legal advice.
The three deposit rules at a glance
| Rule | What you must do | Source |
|---|---|---|
| Protect the deposit | Place it in a government-approved scheme within 30 days of receiving it | Housing Act 2004 and gov.uk guidance |
| Give the prescribed information | Give the tenant the required information about the scheme within 30 days of receiving the deposit | Housing Act 2004, section 213, and the 2007 Order |
| Stay within the cap | Five weeks’ rent if annual rent is below £50,000; six weeks’ if it is £50,000 or more | Tenant Fees Act 2019, Schedule 1 |
| Holding deposit cap | No more than one week’s rent | Tenant Fees Act 2019, Schedule 1 |
Rule 1: protect the deposit within 30 days
The 30 days run from the date you receive the deposit, not from the start of the tenancy. If the tenant pays the deposit before moving in, the clock starts then.
Our compliance tools add 30 calendar days to the date you received the deposit. Weekends and bank holidays are not skipped, so do not leave it to the last day.
Worked example: the deadline
- You receive a deposit on Monday 2 November 2026.
- 30 days later is Wednesday 2 December 2026.
| Task | Deadline |
|---|---|
| Protect the deposit in an approved scheme | Wednesday 2 December 2026 |
| Give the tenant the prescribed information | Wednesday 2 December 2026 |
In practice, protect the deposit and give the information in the first week. Our landlord compliance checklist can remind you before the deadline.
Worked example: deposit paid before the tenancy starts
- The tenant pays the deposit on Friday 9 October 2026.
- The tenancy starts on Sunday 1 November 2026.
The 30 days run from 9 October, not 1 November. The last day is Sunday 8 November 2026. Because that is a weekend, aim to have both tasks done by Friday 6 November 2026 at the latest. Many landlords simply protect the deposit and give the information on the day the tenancy starts, which in this example is well inside the deadline.
Rule 2: give the prescribed information within 30 days
Protecting the deposit is only half the job. You must also give the tenant certain information about how the deposit is protected, within the same 30 days.
The information must:
- name the scheme protecting the deposit
- explain how the tenant can get the deposit back at the end of the tenancy
- explain how disputes about the deposit are resolved
The detailed list is set out in article 2 of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007. Most schemes also supply their own information to include.
Keep proof that the tenant received the information, just as you would for a notice. See how to serve a notice for proof of delivery.
What if I miss the deadline?
Failing to protect the deposit or give the prescribed information on time can lead to a penalty. Do not ignore a missed deadline. Take advice from a solicitor or your deposit scheme about what to do next.
Rule 3: the deposit cap
The Tenant Fees Act 2019 caps the deposit you can ask for.
How the cap is worked out
- Work out the annual rent. For monthly rent, multiply by 12. For weekly rent, multiply by 52.
- Work out the weekly rent: divide the annual rent by 52.
- Check the threshold. If annual rent is below £50,000, the cap is 5 weeks’ rent. If it is £50,000 or more, the cap is 6 weeks’ rent.
- Multiply the weekly rent by 5 or 6.
Our deposit cap calculator rounds the weekly rent down to the penny, so the cap it shows never goes over the limit.
Why the cap uses 52 weeks
The cap is set in weeks, but most rents are paid monthly. A month is longer than four weeks, so you cannot simply treat one month as four weeks. Working out the annual rent first, then dividing by 52, gives the true weekly figure. The same weekly figure is used for the holding deposit cap.
Worked example 1: monthly rent of £1,500
| Step | Calculation | Result |
|---|---|---|
| Annual rent | £1,500 × 12 | £18,000 |
| Weekly rent | £18,000 ÷ 52 = £346.153… | £346.15 (rounded down) |
| Threshold | £18,000 is below £50,000 | 5 weeks |
| Maximum deposit | £346.15 × 5 | £1,730.75 |
| Maximum holding deposit | £346.15 × 1 | £346.15 |
Worked example 2: weekly rent of £300
| Step | Calculation | Result |
|---|---|---|
| Annual rent | £300 × 52 | £15,600 |
| Weekly rent | £15,600 ÷ 52 | £300.00 |
| Threshold | Below £50,000 | 5 weeks |
| Maximum deposit | £300 × 5 | £1,500.00 |
Worked example 3: either side of £50,000
| Rent of £4,000 per month | Rent of £4,500 per month | |
|---|---|---|
| Annual rent | £48,000 | £54,000 |
| Weekly rent (÷ 52, rounded down) | £923.07 | £1,038.46 |
| Cap | 5 weeks | 6 weeks |
| Maximum deposit | £4,615.35 | £6,230.76 |
Worked example 4: rent paid every four weeks
Some tenancies charge rent every four weeks rather than monthly. There are 13 four-week periods in a year.
| Step | Calculation | Result |
|---|---|---|
| Annual rent | £1,200 × 13 | £15,600 |
| Weekly rent | £15,600 ÷ 52 | £300.00 |
| Threshold | Below £50,000 | 5 weeks |
| Maximum deposit | £300 × 5 | £1,500.00 |
A common mistake is to take “one month’s rent plus a bit” as the deposit. For a £1,500 monthly rent, five weeks’ rent is £1,730.75. Anything above that is over the cap.
Holding deposits
A holding deposit reserves a property while you carry out checks. It is capped at one week’s rent, worked out in the same way: annual rent divided by 52. For a rent of £1,500 per month, the maximum holding deposit is £346.15.
A simple 30-day routine
| When | What to do |
|---|---|
| Day 0 | Receive the deposit. Note the date. Check it is within the cap. |
| Days 1 to 7 | Protect it in an approved scheme. Get the certificate or confirmation. |
| Days 1 to 7 | Give the tenant the prescribed information and the scheme’s details. Keep proof. |
| Before day 30 | Check both tasks are done and filed with the tenancy records. |
Common mistakes to avoid
- Counting from the tenancy start date. The 30 days run from when you receive the deposit.
- Protecting but not informing. Placing the deposit in a scheme does not by itself satisfy the prescribed information rule. Both must be done within 30 days.
- Dividing monthly rent by four. Always go via the annual rent and divide by 52.
- Rounding up. If the weekly rent has more than two decimal places, round down to the penny so you stay within the cap.
- No proof of delivery. Keep evidence that the tenant received the prescribed information, such as a signed copy or a sent email where your tenancy agreement allows email.
- Losing the paperwork. Keep the scheme confirmation, the prescribed information and your proof of delivery together with the tenancy records.
How deposits fit with your other start-of-tenancy documents
The deposit is one of several things to sort out when a tenancy begins. You will usually also need a written statement of terms and a record of your safety certificates. Doing them at the same time makes it easier to show you met every deadline.
Frequently asked questions
Does the 30 days start when the tenancy starts?
No. It starts on the date you receive the deposit.
Do I have to give the prescribed information if the scheme sends its own certificate?
You must make sure the tenant receives all the prescribed information within 30 days. Check what the scheme provides and fill any gaps. Our deposit prescribed information document helps you set it out.
How do I work out weekly rent for a monthly tenancy?
Multiply the monthly rent by 12 to get the annual rent, then divide by 52. Do not divide the monthly rent by four, as that overstates the weekly rent.
What is the cap if the annual rent is exactly £50,000?
Six weeks’ rent. The five-week cap only applies where the annual rent is below £50,000.
What if day 30 falls on a weekend or bank holiday?
Our tools count 30 calendar days and do not move the deadline for weekends or bank holidays. Plan to finish on a working day before then.
Is the holding deposit cap the same as the deposit cap?
No. A holding deposit is capped at one week’s rent. A tenancy deposit is capped at five or six weeks’ rent, depending on the annual rent.
Do both deadlines run from the same date?
Yes. Protecting the deposit and giving the prescribed information both have to be done within 30 days of the date you received the deposit.
Next steps
- Create the deposit prescribed information for your tenancy.
- Check your figure with the free tenancy deposit cap calculator.
- For a new tenancy, the compliance pack includes the written statement, deposit prescribed information and compliance record.
- Set deadline reminders with the landlord compliance checklist.
If there is a dispute about a deposit, speak to a solicitor or your deposit scheme; tenants can get advice from Shelter.