Deposit Protection Rules for UK Landlords
How to comply with deposit protection requirements. Government-approved schemes, prescribed information, and penalties for non-compliance.
Key Facts
- Deposit must be protected within 30 days
- Three government-approved schemes available
- Prescribed information must be served to tenant
- Non-compliance prevents valid possession notices
- Court can order 1–3x deposit as compensation
Deposit Protection Requirements
If you take a tenancy deposit for an assured shorthold tenancy in England or Wales, you must protect it in one of the three government-approved deposit protection schemes within 30 days of receiving it. You must also serve the prescribed information to the tenant within the same 30-day period.
Government-Approved Schemes
The three approved schemes are the Deposit Protection Service (DPS), which offers free custodial protection; MyDeposits, which offers both custodial and insured options; and the Tenancy Deposit Scheme (TDS), which also offers custodial and insured options. With custodial schemes, you hand the deposit to the scheme. With insured schemes, you keep the deposit but pay an insurance premium.
Prescribed Information
You must provide tenants with specific information including which scheme protects their deposit, the scheme's contact details, how to apply for the deposit's return, what to do if there's a dispute, and the purpose of the deposit. This must be provided within 30 days of receiving the deposit.
Penalties for Non-Compliance
If you fail to protect a deposit or serve prescribed information, you cannot serve a valid Section 21 notice (and under the Renters' Rights Act, this affects Section 8 grounds too). A tenant can apply to court, and you may be ordered to repay the deposit or pay compensation of 1–3 times the deposit amount.
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