Tenancy deposit protection: the 30-day rule in England
Last updated 24 Oct 2026
Landlords in England must place a tenant's deposit in a government-approved scheme within 30 days of receiving it. The law also requires the landlord to give the tenant the prescribed information about the scheme within the same 30 days. This page covers England only.
For Scotland, Wales and Northern Ireland, see deposit protection compared across the four nations.
The rules
- Gov.uk says: "You must place your tenants' deposit in a tenancy deposit protection (TDP) scheme."
- You must protect it within 30 days of getting it, whether you are the landlord or the letting agent.
- Deposits paid by a third party, such as a rent deposit scheme or a tenant's parents, must still be protected.
- A valuable item taken instead of money, such as a car or watch, does not need protecting.
- A holding deposit does not need protecting while it holds the property. Once the person becomes a tenant, the money counts as a deposit and must be protected. See holding deposits and rent in advance.
- The Renters' Rights Act 2025 amended the deposit sections of the Housing Act 2004 from 1 May 2026 "for specified purposes"; see the possession section below.
Approved schemes in England
Gov.uk lists three schemes for England and Wales:
| Scheme | Notes |
|---|---|
| Deposit Protection Service | Custodial or insured option |
| MyDeposits | Custodial or insured option |
| Tenancy Deposit Scheme | Custodial or insured option |
With a custodial scheme the scheme holds the deposit for free. With an insured scheme you or your agent hold it and pay for insurance. Source: GOV.UK, deposit protection schemes and landlords.
Prescribed information
Section 213 of the Housing Act 2004 sets out what you must do within 30 days of receiving the deposit:
- comply with the scheme's initial requirements (section 213(3));
- give the tenant, and anyone who paid the deposit on their behalf, the prescribed information (section 213(5) and (6)).
The prescribed information covers the authorised scheme holding the deposit, your compliance with the scheme's initial requirements, and how the deposit rules work. It must be in the prescribed form or one substantially similar. Source: Housing Act 2004, section 213.
Penalties if you miss the deadline
The tenant, or someone who paid on their behalf, can apply to the county court. If the court finds the 30-day requirements were not met, it can order you to repay the deposit or pay it into the scheme's account within 14 days. It must also order you to pay the applicant between one and three times the deposit. Source: Housing Act 2004, section 214.
Effect on possession
Section 215 of the Housing Act 2004 was substituted from 1 May 2026 "for specified purposes", with transitional provisions. Its current text says the court may make an order for possession of a dwelling let on an assured tenancy only if the deposit is held in an authorised scheme and the section 213 requirements were met.
There are exceptions, including possession on Ground 7A or 14 in Schedule 2 to the Housing Act 1988, and cases where the deposit has been returned or a section 214 application has been settled. Which version applies depends on the tenancy and its start date, so read the section and its transitional provisions for your tenancy: Housing Act 2004, section 215.
Returning the deposit
Gov.uk says the deposit must be returned within 10 days of you both agreeing how much the tenant will get back. If you disagree, the deposit stays protected in the scheme until the dispute is settled.
In a dispute, the scheme's adjudicator compares the check-in and check-out reports. See check-in inventories and schedules of condition.
Track the deadline with Letbook
The 30 days start the day you receive the deposit, which is easy to lose in the rush of a new tenancy. Letbook is a compliance tracker for landlords: it adds a deposit protection item to each tenancy in England and emails you before the date lapses. Sign up free.
Related guides: deposit deductions at the end of a tenancy, what replaced the How to Rent guide, gas safety certificate rules and deposit rules in Northern Ireland.
Sources
- Deposit protection schemes and landlords, GOV.UK
- Housing Act 2004, section 213, legislation.gov.uk
- Housing Act 2004, section 214, legislation.gov.uk
- Housing Act 2004, section 215, legislation.gov.uk
This page is general information, not legal advice.