Landlords can ask for up to five weeks rent and a tenancy deposit before a tenant moves in. The deposit must be protected. If it is not protected, the landlord could face a fine.

A deposit must be protected even if it was paid by a council loan scheme or a family member.

Deposit protection

Landlords must put deposits in one of the following schemes:

• Deposit Protection Service (DPS)
• Tenancy Deposit Scheme (TDS)
• mydeposits

Tenants can check if their deposit was protected on the scheme websites.

More information can be found on the Shelter website.

Written information

Landlords must give tenants written information about their deposit. It must explain:

• the rules of the scheme
• how the deposit will be returned
• what to do if there is a dispute

Tenants can ask for this information if they do not get it. It is a good idea to keep copies of any letters and emails.

When deposits may not be protected

Deposits may not need to be protected if:

• the tenancy started before 6 April 2007
• the tenancy was not a fixed term
• the fixed term ended before 6 April 2007

Landlords must still protect or return the deposit if they want to evict the tenant.

Returning deposits

The landlord is responsible for returning the deposit within ten days. They can take money off the deposit for damage or missing items listed in the inventory.

If a tenant thinks money has been taken unfairly, they can dispute it.