Deposit protection rules: what your landlord must do within 30 days

Introduction

When you pay a deposit on a rental property in England, your landlord does not simply hold it until you leave. The law requires them to follow a specific set of rules within 30 days or face serious financial consequences. Many tenants do not know these rules exist, which means landlords who break them often go unchallenged.

This guide explains exactly what your landlord is required to do, what happens if they do not, and what steps to take if your deposit was never properly protected.

The 30-day rule

Your landlord must do two things within 30 days of receiving your deposit:

1. Register it with a government-approved tenancy deposit protection scheme

2. Give you written prescribed information confirming where the deposit is held

The 30-day clock starts from the date the deposit is received, not from the start of the tenancy. If your landlord or letting agent receives your deposit before your move-in date, the 30 days run from that earlier date.

The three approved schemes

All deposits on assured shorthold tenancies in England must be held in one of three government-approved schemes:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

Each scheme offers two options:

Custodial - the scheme holds the money for the duration of the tenancy, free of charge. Your deposit is in the hands of an independent third party, not your landlord. This is the option that offers the most security for tenants.

Insurance-backed - the landlord keeps the money but pays a fee to insure it with the scheme. If the landlord fails to return the deposit at the end of the tenancy, the scheme pays you directly. Your deposit is legally protected, but your landlord still has access to the funds.

Both options provide the same legal protection. The difference is who physically holds the money.

What the prescribed information must include

Registering the deposit with a scheme is not enough on its own. Your landlord must also give you written information covering:

• Which scheme is protecting your deposit and how to contact them
• The scheme's information leaflet on deposit protection rights
• How the deposit will be returned at the end of the tenancy
• What happens if there is a dispute
• The deposit amount and your landlord's contact details
• The circumstances under which deductions can be made

All of this must reach you within the same 30-day window.

What you can claim if your landlord did not comply

If your landlord failed to protect your deposit or give you the prescribed information within 30 days, you can apply to the county court. A court must order:

• Return of your deposit, and
• A financial penalty of between one and three times the deposit amount, paid to you

This applies even if the deposit was eventually protected late, or if the tenancy has already ended. You have up to six years from the breach to bring a claim.

There is a practical consequence too. Under the Renters' Rights Act 2025, which comes into force on 1 May 2026, a landlord who has not properly protected a deposit cannot use possession proceedings to evict a tenant. This significantly strengthens your position if a landlord has been cutting corners.

When the tenancy becomes periodic

If your fixed-term tenancy ends and you stay on a rolling monthly or periodic basis, your landlord does not need to re-register the deposit with the scheme. The existing protection carries over automatically, provided the parties and the property remain the same.

However, if any key details change, such as a new joint tenant being added or the landlord switching to a different scheme, they must provide you with updated prescribed information within 30 days of that change.

How to check your deposit is protected

You do not need to wait for your landlord to tell you which scheme they used. You can search directly on the websites of all three schemes using your address and the date the tenancy started:

• depositprotection.com (DPS)
• mydeposits.co.uk
• tenancydepositscheme.com

If your deposit does not appear on any of them, it has not been protected.

Getting your deposit back at the end of the tenancy

When you move out, write to your landlord and ask for your deposit back. Ten days is a reasonable timeframe to request. If they do not respond or refuse to return it without justification, you can log in to the scheme and initiate the return process directly. If there is a dispute about deductions, the scheme offers free independent adjudication.