Check if your landlord has to protect your deposit

If you plan to rent from a private landlord, you'll probably have to pay a 'tenancy deposit' to your landlord or letting agent before you can rent your home.

Most councils and housing associations don’t ask for a tenancy deposit.

Your tenancy deposit will usually be the same amount as 1 month’s rent. It’s illegal for your landlord to force you to pay a deposit of more than 5 weeks’ rent (or 6 weeks’ rent if your annual rent is more than £50,000).

If you pay a deposit, your landlord usually has to protect it in a tenancy deposit scheme until you move out of the property.

The scheme keeps your money safe and makes sure you get back what you're owed at the end of your tenancy.

Your deposit has to be protected even if someone else paid it for you, for example your parents or a friend.

Your landlord doesn't have to protect your deposit if:

• you have an assured tenancy that started before 1 May 2026

• your tenancy started as an ‘assured shorthold tenancy’ before 6 April 2007 and hasn’t been renewed since

• you have a protected tenancy

• you’re an excluded occupier or an occupier with basic protection

If you’re not sure what type of tenancy you have, you can check your housing status if you’re renting from a private landlord.

If you’re in one of these situations and your tenancy has ended, you should try to negotiate with your landlord. You can ask them to give you back your deposit - all of it or part of it.

Check whether to make a small claim.

Deadlines for protecting your deposit

If you have an assured tenancy, your landlord has to protect your deposit within 30 days of the date you paid it. You usually pay your deposit when you start your tenancy.

If your tenancy started as an assured shorthold tenancy before 6 April 2012, you can get advice to find out the deadline for protecting your deposit. Talk to an adviser.

Find out if your deposit is protected

Your deposit should be protected by one of 3 tenancy deposit scheme providers:

• Deposit Protection Service

• My Deposits

• Tenancy Deposit Scheme

If your landlord or letting agent hasn't told you if they've protected your deposit, check the scheme providers' websites. You'll need to enter a few details, for example your postcode, surname and the date you started your tenancy. Your tenancy agreement, if you have one, will show this information.

You might need to enter the details of any joint tenants if you can't find the details under your own name. If you've renewed your tenancy it's worth checking the different start dates too.

If you still can't find out whether your deposit has been protected, speak to someone at each tenancy deposit scheme provider. You can find their contact numbers on their websites.

If your landlord hasn't protected your deposit

Don't worry if your landlord or letting agent hasn't protected your deposit when they should have - you don't need to do anything.

You'll still be able to claim back the money you're owed and you might be able to get compensation from your landlord.

Find out how to get your deposit back.

If your landlord hasn’t protected your deposit, they might not be able to evict you if they don’t pay you back the deposit.

If you got an eviction notice before 1 May 2026

If you got a section 8 notice before 1 May 2026, your landlord can use it to evict you even if they didn’t follow the tenancy deposit protection rules.

Check what to do if you get a section 8 notice.

If you got a section 21 notice before 1 May 2026, your landlord has to pay back your deposit before they can evict you if:

• your deposit wasn't protected and it should have been

• your deposit was protected late

Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. They can't evict you with a section 21 notice if they haven't given you this information or they didn't sign it to say it was accurate.

If your landlord gives you the prescribed information late or pays your deposit back to you, they will be able to evict you with a section 21 notice.

Check what to do if you get a section 21 notice.

You can also check what you can do if your landlord didn't follow the deposit rules.

If you got an eviction notice after 1 May 2026

Your landlord might be able to get a court order to evict you. They can only do this if one of the following applies at the time of your court hearing:

• your landlord protected your deposit, signed and gave you the prescribed information - this includes details about the property and your deposit

• your landlord returned your deposit

• you made a claim against your landlord and it wasn’t successful or you haven’t reached an agreement with them

In some cases, your landlord can get a court order to evict you even if they didn’t follow the deposit rules. For example, if you were involved in antisocial behaviour.

Check what to do if you got a section 8 notice.