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Tenancy Deposit Checklist for Landlords (England)

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If you take a deposit from a tenant in England, you must protect it in a government-approved scheme and give the tenant certain information, both within 30 days of receiving it. This checklist takes you from the amount you can ask for through to repayment.

The steps below follow GOV.UK for England. Wales has different rules, and Scotland has its own schemes, so check the Welsh and Scottish government sites for a property there.

When to use it

  • You are about to take a deposit for a new tenancy.
  • A tenant has paid and you need to hit the 30 day deadline.
  • You are ending a tenancy and need to agree what is returned.
  • A letting agent holds the deposit and you want to check what they did.

How to use it

  1. Work through the sections in order for each new deposit.
  2. Tick each item and write the date beside the ones with a deadline.
  3. Put day 30 in your diary the day the money arrives.
  4. Save the scheme paperwork with the tenancy agreement.

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Before you take money

  • Work out the cap: up to five weeks' rent if the annual rent is under £50,000, or six weeks' if it is £50,000 or more.
  • If you take a holding deposit to reserve the property, keep it to one week's rent at most.
  • Remember that a holding deposit becomes a deposit once the tenancy starts, and must then be protected.
  • Choose a scheme: Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme.
  • Decide between a custodial scheme, which holds the money for free, and an insured scheme, where you keep it and pay for insurance.

When the deposit arrives

  • Record the amount, the date received and who paid it.
  • Note the name and contact details of anyone other than the tenant who paid, such as a parent or a rent deposit scheme.
  • Remember the duty applies even when someone else pays the deposit.
  • Count 30 days from the day you received it and write the deadline down.

Protect it within 30 days

  • Place the deposit in your chosen scheme, or ask your agent to, within 30 days of receiving it.
  • Save the scheme's confirmation of protection.
  • If an agent handles this, get written confirmation of the date they protected it.

Give the tenant the information within 30 days

  • Give the address of the rented home and the amount of the deposit.
  • Explain how the deposit is protected, and give the scheme's name and contact details and those of its dispute resolution service.
  • Give your name and contact details, or your letting agent's.
  • Give the contact details of any third party who paid the deposit.
  • State the reasons you might keep some or all of the deposit.
  • Explain how the tenant applies to get the deposit back.
  • Explain what to do if you cannot be reached at the end of the tenancy.
  • Explain what to do if there is a dispute over the deposit.
  • Keep proof of the date and the way you sent it.

Return the deposit

  • Agree the amount to be returned with the tenant, and put the figures in writing.
  • Keep the evidence behind any deduction, such as invoices, photographs and the inventory.
  • Repay the tenant within 10 days of agreeing the amount.
  • If you disagree, contact the scheme's dispute resolution service. The deposit stays protected until the dispute is settled.
  • In an insured scheme, hand the disputed money to the scheme to hold.

Questions

How long do I have to protect a deposit?

You, or your letting agent, must place the deposit in an approved scheme within 30 days of receiving it. The prescribed information must also reach the tenant within 30 days.

What is the maximum deposit I can take?

In England the cap is five weeks' rent if the annual rent is under £50,000, and six weeks' rent if it is £50,000 or more. A holding deposit can be no more than one week's rent.

When must I return the deposit?

Repay the tenant within 10 days of agreeing with them how much they will get back. If there is a dispute, the deposit stays protected until it is settled.

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Sources

General information, not tax or legal advice. Rules differ between England, Wales, Scotland and Northern Ireland.