Landlords · LetClock

How long does a landlord have to protect a tenancy deposit in England

In England, a landlord must protect a tenancy deposit in a government-approved scheme within 30 days of receiving it, and give the tenant the prescribed information within the same 30 days. The count begins on the day the money arrives, not on move-in day. Missing it can lead to a court award of one to three times the deposit.

The 30-day rule and when the clock starts

The rule comes from section 213 of the Housing Act 2004. A landlord who receives a tenancy deposit must comply with the initial requirements of an authorised scheme "within the period of 30 days beginning with the date on which it is received". GOV.UK puts the same rule more simply: you or your letting agent must put the deposit in the scheme within 30 days of getting it.

Because the period begins with the day the deposit is received, that day counts as day one. A deposit that arrives on Monday 28 September 2026 has to be protected by Tuesday 27 October 2026. The date that matters is the day the money reaches you or your agent. If the tenant pays the deposit when the agreement is signed and moves in two weeks later, the clock has already been running for two weeks on move-in day.

Two kinds of money are easy to overlook. GOV.UK says a holding deposit paid to reserve a property does not have to be protected, but once the person becomes your tenant it becomes a deposit and must be. A deposit paid by someone else, such as the tenant's parents or a rent deposit scheme, still has to go into a scheme.

The three schemes and how they hold the money

GOV.UK lists three schemes for properties in England and Wales: the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. Each offers two options. In a custodial scheme the scheme holds the deposit for free. In an insured scheme you or your agent keep the deposit and pay the scheme to insure it.

The choice matters at the end of the tenancy. GOV.UK says the deposit must be returned within 10 days of you and the tenant agreeing how much they will get back. If you disagree, the deposit stays protected until the dispute is settled, and in an insured scheme you or the agent must hand the deposit to the scheme while that happens. Every scheme offers a free dispute resolution service.

What the prescribed information has to include

Protecting the money is only half of the 30-day duty. Within the same 30 days, GOV.UK says you must tell your tenants the address of the rented property, how much deposit they paid, how it is protected, the name and contact details of the scheme and its dispute resolution service, and your own or your letting agent's name and contact details.

The list continues with the name and contact details of any third party who paid the deposit, the reasons you might keep some or all of it, how to apply to get it back at the end of the tenancy, what to do if they cannot reach you at the end of the tenancy, and what to do if there is a dispute over the amount.

Section 213 adds two details. The information goes to the tenant and to any relevant person, meaning someone who paid the deposit on the tenant's behalf. And it must be given in the prescribed form or in a form substantially to the same effect.

What happens if the 30 days are missed

GOV.UK says a tenant can apply to the county court at any time during the tenancy if the deposit was not protected, and section 214 of the Housing Act 2004 also allows an application after the tenancy has ended. While the tenancy is running, the court must order the deposit to be repaid to the tenant or paid into a custodial scheme within 14 days. Section 214 also says the court must order the landlord to pay the tenant a sum not less than the deposit and not more than three times the deposit. GOV.UK describes this as up to three times the original deposit.

The deposit also affects getting the property back. Part 1 of the Renters' Rights Act 2025 came into force on 1 May 2026, so section 21 can no longer be used in England and possession claims rely on section 8 grounds. Under section 215, as it has read since that date, a court may make a possession order only if the deposit is held in an authorised scheme, the scheme's initial requirements have been met "whether or not within" the 30 days, and the prescribed information has been given. Those conditions do not apply to grounds 7A and 14 for antisocial behaviour, or where the deposit has been returned or a section 214 claim has been decided, withdrawn or settled.

Read side by side, the two sections look at different things. Section 215 asks whether the deposit is protected and the information given at the point you seek possession. Section 214 is about whether that happened within the 30 days. If you discover a deposit that was never protected, get advice on your own tenancy before you act.

Wales and Scotland count differently

In Wales, deposits come under the Renting Homes (Wales) Act 2016, which calls tenancies occupation contracts. Section 45 of that Act, in force since 1 December 2022, says that before the end of 30 days starting with the day the deposit is paid, the landlord must comply with the initial requirements of an authorised scheme and give the contract-holder the required information. The period is the same length, but the law and the terms are Welsh.

Scotland uses its own schemes and its own count. Regulation 3 of the Tenancy Deposit Schemes (Scotland) Regulations 2011 gives the landlord 30 working days from the beginning of the tenancy to pay the deposit to an approved scheme and provide the required information. Under regulation 10, if the First-tier Tribunal finds the duty was not met, it must order the landlord to pay the tenant up to three times the deposit. GOV.UK notes that Scotland and Northern Ireland have separate deposit schemes from England and Wales.

Common mistakes with the 30 days

Counting from move-in. The English rule runs from the day the deposit is received. When the deposit is paid at signing, move-in can be days or weeks later, and every one of those days comes off the 30.

Protecting the money but not sending the information. The scheme registration and the prescribed information are separate duties with the same deadline. A deposit that sits safely in a scheme still leaves the second half undone if the tenant never received the information, and section 215 asks for both before possession.

Forgetting money that changed its name. A holding deposit that became the deposit, or a top-up paid by a parent, is easy to leave out. GOV.UK says both have to be protected. Writing down the date each payment arrived makes the deadline easy to check later. LetClock, an app for landlords in England, asks for the day the deposit arrived, counts the 30 days from it, and turns the deposit and prescribed information checks green once you record the dates and the scheme you used.

Frequently asked questions

Do the 30 days include weekends and bank holidays?

Section 213 of the Housing Act 2004 says 30 days, not 30 working days, and counts from the day the deposit is received. Scotland's regulations are different and say 30 working days from the start of the tenancy.

Does protecting a deposit late fix the problem?

Partly. The deposit conditions in section 215 are met once the deposit is protected and the prescribed information given, even if the protection came after the 30 days, though the court still has to be satisfied on the ground for possession itself. On the wording of section 214, a tenant can still apply to court because the 30-day requirement was not met. Take advice on your own case.

Do the rules apply to tenancies that converted on 1 May 2026?

Yes. GOV.UK says most existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026, and that in England a landlord must protect the deposit for an assured periodic tenancy where it was taken on or after 6 April 2007.

How much deposit can a landlord take?

GOV.UK says up to 5 weeks' rent if the annual rent is less than £50,000, and up to 6 weeks' rent if it is £50,000 or more. A holding deposit to reserve a property can be up to one week's rent.

How quickly does the deposit have to be returned?

Within 10 days of you and the tenant agreeing how much they will get back, according to GOV.UK. If you cannot agree, the scheme's free dispute resolution service decides and the deposit stays protected until then.

Get LetClock

Landlord compliance deadlines. About LetClock, or pick the channel you use.