Once a tenancy deposit has been paid, the immediate task is to verify where it is protected and what information you were given. This guide covers protection at the start of a tenancy; the separate deposit return guide covers deductions at the end.
Key steps for tenants
Most deposits are capped at five weeks’ rent, or six weeks for higher annual rent.
The landlord normally has 30 days to protect the deposit.
Keep the scheme certificate and prescribed information.
Use the scheme’s dispute service if deductions are contested.
Check the cap before paying
For annual rent below £50,000, the tenancy deposit cap is five weeks’ rent. For annual rent of £50,000 or more, it is six weeks’ rent. Ask for a receipt showing the amount, the property and who holds it. A holding deposit is a different payment and is not protected while it remains a holding deposit.
Check protection and information
The landlord or agent must protect the tenancy deposit within 30 days of receiving it and provide the required information about the scheme and how to recover the money. The approved schemes are the Deposit Protection Service, MyDeposits and Tenancy Deposit Scheme. Check the details directly with the named scheme.
Keep the protection record together
Keep the payment receipt, scheme certificate, prescribed information and scheme reference in one place. Check that the names, address and amount match your tenancy. The move-in guide covers condition evidence, while the deposit return guide explains how to use it in a dispute.
If protection is missing
Ask the agent in writing for the certificate and prescribed information. You may be able to make a court claim if a required deposit was not protected correctly. Obtain advice before starting a claim; the facts and tenancy type matter.
