ComplianceInformation pack · No. 09

Tenancy Deposits: The 30-Day Rule, the 5-Week Cap and How Disputes Are Decided

A deposit used to be admin. Since 1 May 2026, getting it wrong can stop a landlord getting their property back. Here are the rules and the numbers that matter.

Updated 3 November 20264 min readFacts checked against official sources
30 days
To protect the deposit and serve the prescribed information
Housing Act 2004
5 weeks
Maximum deposit where annual rent is under £50,000
Tenant Fees Act 2019
1–3×
What a court can order if a deposit isn't protected
Housing Act 2004
~1%
Share of protected deposits that reach adjudication
TDS, year to March 2025
The 30-second version
  • Protect the deposit in a government-approved scheme and give the tenant the prescribed information within 30 days.
  • The cap is 5 weeks' rent (annual rent under £50,000) or 6 weeks (£50,000 or more). There is no separate pet deposit.
  • Since 1 May 2026, a deposit that wasn't protected properly blocks possession on most grounds until it is returned.
  • A court can also order the landlord to pay 1 to 3 times the deposit.
  • Disputes are rare: about 1% of deposits go to adjudication, and cleaning is the most common reason.

The rules, in order

  1. Take no more than the cap: 5 weeks' rent, or 6 weeks if annual rent is £50,000 or more.
  2. Protect within 30 days of receiving it, in a custodial or insured scheme.
  3. Serve the prescribed information within the same 30 days, and keep proof.
  4. Return it within 10 days once you and the tenant agree the amount.

If anything is missed, the tenant can claim 1 to 3 times the deposit, and most possession claims can't succeed until it is put right.

What disputes are about

In the year to March 2025, around 4.7 million deposits worth £5.53bn were protected in England and Wales. Only about 1% went to adjudication. The issues raised:

ReasonShare of cases
Cleaning54%
Damage49%
Redecoration31%
Gardening14%
Rent arrears10%

Most disputes raise more than one issue. Adjudicators decide on evidence and allow for fair wear and tear.

What to do now

  1. Audit every current tenancy: scheme certificate, prescribed information and proof of service.
  2. Check the amount against the 5-week cap, especially after any rent change.
  3. Make a detailed inventory with dated photos at check-in.
  4. Do a matching check-out report and propose deductions promptly and clearly.
How Morgan Prescott handles this

On managed properties we protect every deposit, serve the prescribed information and keep the inventory and check-out evidence on file, so the paperwork is right before it's ever needed.

Property management in London →

Questions landlords ask

What if I protected the deposit late?
You can still be ordered to pay 1 to 3 times the deposit, and most possession claims are blocked until it is returned or the claim settled. Take legal advice.
Can I take a pet deposit?
No. Everything must sit within the 5-week cap (or 6 weeks for annual rent of £50,000 or more).
How long do I have to return a deposit?
Within 10 days of agreeing the amount with the tenant.
Who decides a dispute?
The scheme's free adjudication service, if both sides agree to use it, based on the evidence each side provides.
Sources, checked 3 November 2026
  1. GOV.UK: Tenancy deposit protection
  2. legislation.gov.uk: Housing Act 2004, section 213
  3. GOV.UK: Tenant Fees Act 2019 guidance
  4. TDS: Statistical Briefing

General information, not legal advice. Rules and figures change, so check GOV.UK or a qualified adviser before acting.

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