Deposit protection schemes: a landlord’s guide

​​Most UK landlords are required to put their tenant deposits in a government-approved tenant’s deposit scheme.

Here’s what landlords should know about deposit protection scheme law, with expert input from Saiful Ahmed, a legal adviser at legal dispute specialists DAS Law. This article isn’t advice, please use it only as a guide and speak to a professional if you’d like more information.

What is the deposit protection scheme?

From 2007, UK landlords have been legally required to protect their tenants’ deposits in a government-approved tenancy deposit protection scheme.

This applies to assured shorthold tenancies, which is the bracket that most private rentals automatically fall into.

It’s not compulsory to take a deposit from your tenants. But if you do, then you need to put it in the scheme within 30 days of getting it, and provide your tenants with a copy of the deposit protection certificate.

You also need to supply your tenants with certain information (called ‘prescribed information’), which includes details about the deposit protection scheme you’ve chosen and information about what happens if there’s a dispute over the deposit. See the list of prescribed information on gov.uk. Your deposit protection scheme may help you with this, for example by providing a template.

These rules protect tenants by making sure they get the deposit back – as long as they pay rent, meet the terms of their tenancy agreement and don’t damage the property.

What is the maximum tenancy deposit in the UK?

Saiful Ahmed, from DAS Law, explains what you can charge for under the tenancy deposit scheme:

• holding deposits, capped at one week’s rent
• security deposits, capped at five weeks’ rent where the annual rent is less than £50,000 and six weeks’ rent where the annual rent is £50,000 or more
• default fees (fees you can charge during the tenancy) are limited to the reasonable costs incurred for replacing a key or lost security device, or interest on rent overdue by 14 days or more (capped at three per cent above the Bank of England base rate)

What reasons can a landlord keep a deposit in the UK? 

The main reason to keep a tenant’s deposit is because the property has not been left in a similar state to how they found it. You would keep some of the deposit to cover the costs of the changes you need to make to the property. 

Common reasons you might keep some of your tenant’s deposit would be for: 

• cleaning costs
• gardening costs
• unpaid rent or bills 
• replacing damaged or missing items 
• unfairly breaking the rules of their tenancy agreement   

But you can only take the amount you need to cover the costs and must return the remaining deposit. 

And there’s also a fair amount of wear and tear that happens from everyday life that you cannot claim back. Examples of wear and tear are: 

• scuffs on the walls 
• worn flooring or carpet 
• faded or worn furniture and curtains

Sometimes you won’t agree with your tenant on what is considered fair wear and tear. This is where your deposit protection scheme comes into play – they’ll assess the wear on the property depending on how long and how many people have lived there and try to resolve the dispute. 

How long does a landlord have to return a deposit in the UK?

In the UK, landlords have 10 days to return a tenant’s deposit after both parties agree on the amount to be returned. If you and your tenant cannot agree on an amount within 10 days, the undisputed amount needs to be reimbursed. 

Then once the tenancy deposit scheme has resolved the dispute, the remaining amount is distributed. 

Best tenancy deposit scheme for landlords

There are a number of government-backed deposit protection schemes that landlords can use, depending on where you live in the UK.

The schemes come in two different types. If you opt for a custodial scheme, you put the deposit in the care of the deposit protection company, and they hold it until the end of the tenancy.

If you choose an insured scheme, you keep the tenant’s deposit, and you pay the deposit protection company a fee to insure it.

It’s up to you to choose which scheme to put the deposit into.

Tenancy deposit schemes (England and Wales)

Legal expert Saiful Ahmed mentions that landlords and their agents can choose to use either of these schemes: “Each scheme has its own rules about the initial requirements that need to be fulfilled to protect the deposit.

The most popular options are the ones which are backed by the government, namely the Deposit Protection Service, MyDeposits and Tenancy Deposit Scheme.”

Tenancy deposit schemes (Scotland)

The government-approved deposit protection schemes in Scotland are the Letting Protection Service (LPS) Scotland, mydeposits Scotland, and SafeDeposits Scotland. Again, it’s entirely up to you which one you use.

Tenancy deposit schemes (Northern Ireland)

As with the rest of the UK, there are three appointed deposit protection scheme administrators in Northern Ireland. These are the Tenancy Deposit Scheme Northern Ireland, My Deposits Northern Ireland and the Letting Protection Service NI.

What are the tenancy deposit scheme costs?

Fees and fee structures vary, so it’s worth comparing the prices and services offered by each government-approved provider.

Custodial schemes are usually free of charge, while insured schemes cost around £13 to £20 for deposits up to £500, and around £18 to £26 for deposits over £500. This fee covers the term of the tenancy. Keep in mind that you may also have to pay a membership or joining fee.

The tenancy deposit protection certificate

Once you’ve put a deposit in a tenancy deposit scheme, the scheme will provide you with a receipt or certificate. The rules require you to give a copy of this tenancy deposit protection certificate to your tenants, and to anyone else who has contributed to the deposit.

Deposit not protected – what happens next?

If you have an assured shorthold tenancy and you fail to protect your tenant’s deposit, your tenant can take you to court to get compensation. The court can demand that you pay compensation of up to three times the value of the deposit, and they may also order you to protect the deposit or to return it to the tenant.

If you want to evict your tenant, your rights to do so will be restricted if you haven’t protected their tenancy deposit.

So if you haven’t protected the deposit, you should do so as soon as possible (if you don’t protect your tenant’s deposit within 30 days, you’ve broken tenancy deposit protection rules).

What are the latest tenancy deposit scheme rules?

Saiful Ahmed, from DAS Law, explains: “The Tenant Fees Act 2019 started on 1 June 2019 and applies to all assured shorthold tenancies, tenancies of student accommodation and licences to occupy housing in the private rented sector in England.

“The act limits the amount you can charge a tenant for a holding deposit and security deposit and defines what you can charge in addition to rent. Certain fees and charges are permitted under the act, whereas others are defined as prohibited payments.”

As deposits are capped, Saiful goes on to mention other steps landlords can take to reduce their risk: “Landlords can carry out credit checks to assess how much the tenant can afford to pay and the sort of income they have. When a landlord is running a credit check on a tenant, they will only be able to see publicly available data on the resulting credit report.

“Landlords should consider using a full tenant referencing service, instead of requesting just a simple credit check. Tenant referencing agencies specialise in tenant screening for landlords and can deliver much more detailed reports. These will provide a more in-depth overview of your tenant’s suitability for your property.”

More useful guides for landlords

• What is rental yield and how is it calculated?
• A landlords guide to sitting tenants
• How much landlord insurance do I need?

Would you like to know any more about deposit protection scheme law? Let us know in the comments below?