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The tenancy deposit 30-day deadline and what missing it costs

Thirty days to protect the money and serve the paperwork, and one to three times the deposit if you miss.

3 mins read

04-09-2026

A landlord in England who takes a cash deposit must place it in one of the three government-approved schemes within 30 days of receiving it. The same 30 days covers the prescribed information, the written pack telling the tenant where the deposit is and how to get it back. Miss either and the exposure is a penalty of up to three times the deposit, plus a new problem the Renters' Rights Act added: you may not be able to get the property back until the breach is fixed. This is general information rather than legal advice.

What the rule requires

The gov.uk tenancy deposit protection guide lists the three schemes for England and Wales: the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. Protection applies to assured periodic tenancies, which replaced assured shorthold tenancies on 1 May 2026, and it applies even if a parent or a rent deposit scheme paid the money on the tenant's behalf.

The guide also covers the other end of the tenancy: once landlord and tenant agree how much is coming back, the deposit must be returned within 10 days of that agreement.

The prescribed information is not optional paperwork. Within the same 30 days the tenant must be told the property address, the amount, which scheme holds it, how the scheme's dispute service works and the circumstances in which deductions can be made. Protecting the money but skipping the information pack is still a breach.

The penalty for missing it

Under section 214 of the Housing Act 2004, a tenant can apply to court and the landlord can be ordered to repay the deposit and pay the tenant a penalty of not less than the deposit and not more than three times it. The court sets the multiple on culpability: an inexperienced landlord a few days late tends toward one times, a professional who never protected anything tends toward three.

The sums are not small. On a deposit of £1,500, the penalty alone runs from £1,500 to £4,500, on top of handing the deposit back. A tenant who stayed through two renewals under the old law could sometimes claim for each failure, so historic breaches can multiply.

It now blocks possession as well

Since the Renters' Rights Act provisions took effect on 1 May 2026, the government guidance for landlords is blunt: to gain possession, the deposit must be in a government-approved scheme. A landlord who wants to sell or move back in cannot get a possession order while the deposit sits unprotected, with an exception for antisocial behaviour grounds.

The saving grace is that this part is fixable. Protect the deposit late, or return it to the tenant in full, and the route to possession reopens. The penalty exposure for the original breach does not disappear, but rectifying stops the breach from also freezing your exit.

What to do if you are already late

Protect the money today, serve the prescribed information, and keep dated proof of both. If the tenancy is ending anyway, returning the deposit in full achieves the same rectification. Then build a process: the deposit goes into the scheme the same week it arrives, every time, with the certificate and prescribed information emailed to the tenant and saved.

The 30-day clock runs from receipt of the money, not from the tenancy start date, which catches landlords who take a deposit early to secure a tenant. If you are buying or selling a tenanted property, the deposit history travels with it, so get quotes from conveyancers who handle tenanted sales and ask them to check the protection certificate before exchange.