The Three Government-Approved Schemes
There are three tenancy deposit protection (TDP) schemes in England and Wales: the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS). Landlords must use one of these — no alternatives are permitted.
The DPS is custodial (the scheme holds the deposit). MyDeposits and TDS offer both custodial and insured options (where the landlord holds the deposit but pays insurance to the scheme). From a tenant's perspective, custodial schemes are slightly safer because the money isn't held by the landlord — but all three offer equivalent dispute resolution services.
| Scheme | Type | Who holds deposit | Dispute resolution |
|---|---|---|---|
| DPS | Custodial (free) | DPS holds it | Free adjudication |
| MyDeposits | Custodial or Insured | Scheme or landlord | Free adjudication |
| TDS | Custodial or Insured | Scheme or landlord | Free adjudication |
What Landlords Must Do (and When)
Within 30 days of receiving your deposit, the landlord must: protect it in a government-approved scheme, and provide you with 'prescribed information' — the scheme name, contact details, the landlord's contact details, how to apply for the deposit's return, and what to do if there's a dispute.
Both steps must happen within 30 days. If either is missed, the landlord faces serious consequences: they cannot serve a valid Section 21 (no-fault) eviction notice until the deposit is properly protected, and you can apply to the county court for compensation of between one and three times the deposit amount.
Maximum Deposit Amounts
Under the Tenant Fees Act 2019, deposits in England are capped at five weeks' rent for tenancies where annual rent is below £50,000, and six weeks' rent where annual rent is £50,000 or above. Any amount charged above this is a prohibited payment — you can recover the excess through the county court.
Holding deposits (paid to reserve a property before signing a tenancy) are separately capped at one week's rent. The holding deposit must be returned or offset against the main deposit within 15 days unless you fail referencing, pull out, or provide false information.
Getting Your Deposit Back
At the end of your tenancy, the landlord has 10 days to return your deposit (or agree deductions and return the balance) from the date you both agree how much should be returned. If the landlord wants to make deductions — for damage, cleaning, or unpaid rent — they must provide evidence (photos, invoices, receipts).
Fair wear and tear cannot be deducted. Carpets that have worn thin from normal use, walls that need repainting after several years, and appliances that have aged naturally are the landlord's responsibility. Damage beyond normal wear — burn marks, large stains, broken fixtures — is the tenant's responsibility.
- ▸Take photos: Photograph every room at move-in AND move-out — timestamped photos are your best evidence
- ▸Check the inventory: Go through it item by item at check-in, noting any pre-existing damage
- ▸Clean to the same standard: If the property was professionally cleaned at move-in, it should be professionally cleaned at move-out
- ▸Keep receipts: If you pay for professional cleaning or repairs, keep the invoices
Dispute Resolution
If you and the landlord can't agree on deductions, either party can submit the dispute to the deposit scheme's free adjudication service. The adjudicator reviews evidence from both sides and makes a binding decision. The process takes 2-4 weeks and is free for both parties.
The key to winning a dispute is evidence. Check-in and check-out inventories (ideally by an independent inventory clerk), timestamped photographs, and correspondence about maintenance issues during the tenancy are all powerful evidence. Without a check-in inventory, the burden of proof shifts to the landlord — which works in your favour.
If Your Deposit Isn't Protected
If your landlord hasn't protected your deposit within 30 days, you have the right to apply to the county court for a court order requiring them to protect it (or return it), and compensation of between one and three times the deposit amount. You can make this claim during or after the tenancy.
The claim is made using the Part 8 county court procedure. You don't need a solicitor — you can do it yourself using the government's online service. The court fee is typically £35–£115 depending on the amount claimed. Many landlords settle once they receive the court papers, as the penalties are significant.
Key Takeaways
- ✓Landlords must protect your deposit in DPS, MyDeposits, or TDS within 30 days — check online if you're unsure
- ✓If the deposit isn't protected, you can claim 1-3x compensation through the county court
- ✓Deposits are capped at 5 weeks' rent (or 6 weeks for annual rent over £50,000)
- ✓Fair wear and tear cannot be deducted — only damage beyond normal use
- ✓Take timestamped photos at move-in and move-out as evidence for disputes
- ✓Deposit scheme adjudication is free and binding — use it if you can't agree with the landlord