In short
In every UK nation a landlord who takes a tenancy deposit must put it in a government-approved scheme, but the deadline and the penalties differ. The deadline is 30 days in England and Wales, 30 working days in Scotland and 28 days in Northern Ireland. Where the landlord fails, a tenant can ask a court (England, Wales), the First-tier Tribunal (Scotland) or the council (Northern Ireland) to act. The deposit cap also differs by nation.
The four nations side by side
| England | Wales | Scotland | Northern Ireland | |
|---|---|---|---|---|
| Deadline to protect | 30 days from receipt | 30 days (also give scheme details) | 30 working days from tenancy start | 28 days from receipt |
| Approved schemes | Deposit Protection Service, MyDeposits, Tenancy Deposit Scheme | Same approved schemes (GOV.UK page covers England and Wales) | Letting Protection Service Scotland, mydeposits Scotland, SafeDeposits Scotland | Tenancy Deposit Scheme Northern Ireland, My Deposits Northern Ireland |
| Written details to tenant | Scheme details required | Within 30 days | Within 30 days | Within 35 days |
| Cap on the deposit | 5 weeks’ rent (annual rent under £50,000), 6 weeks’ (£50,000 to £100,000) | I did not find the cap in the sources read | I did not find the cap in the sources read | One month’s rent |
| If not protected | County court can order a penalty of 1 to 3 times the deposit | Court can order the deposit returned and award compensation | Tribunal can order up to 3 times the deposit | Council can fine 3 times the deposit; a court up to £20,000 |
England
GOV.UK states the deposit must be held in a government-approved scheme and protected within 30 days of the landlord or agent receiving it. The deposit must be returned within 10 days of both sides agreeing what is repayable; if there is a dispute it stays protected until it is resolved. Holding deposits do not have to be protected, but once a holding deposit becomes the tenancy deposit it must be. The rule applies when someone else, for example a parent, pays the deposit.
Under section 214 of the Housing Act 2004 a county court can order the landlord to pay a penalty of not less than the deposit and not more than three times the deposit, payable within 14 days of the order, or order the deposit repaid or paid into a scheme. GOV.UK’s page says assured periodic tenancies replaced assured shorthold tenancies on 1 May 2026 and that deposits must be protected under them. See renting in England.
Wales
Under an occupation contract the deposit must go into an approved scheme and the landlord has 30 days to give the contract-holder the scheme name and repayment information. The Welsh Government says a court can order the deposit returned and award compensation if it was not properly protected. A deposit can be taken as money or a guarantee only. See renting homes in Wales.
Scotland
mygov.scot lists three approved schemes and says protection must happen within 30 working days of the tenancy starting. Within 30 days the landlord must tell the tenant in writing the deposit amount, the date it was paid into a scheme, the scheme’s details, the landlord’s registration status and when part of the deposit may be kept. Exemptions include a landlord who returns the full deposit within the 30 working days, a landlord living in the property, family members and holiday homes. The tenant can apply to the First-tier Tribunal during the tenancy or up to 3 months after it ends; the tribunal can order up to 3 times the deposit. See private residential tenancy in Scotland.
Northern Ireland
nidirect states a landlord cannot ask for more than one month’s rent as deposit, must protect it within 28 days and give written information within 35 days. A letting agent who handles the deposit carries the same duties. Two administrators are appointed and deposits are held in accounts regulated by the Financial Conduct Authority. A tenant can contact the council’s environmental health office. See renting in Northern Ireland.
What it costs
Protection is a landlord’s duty; the tenant pays nothing to the scheme. The cost of a failure falls on the landlord, in the amounts above. A tenant who loses part of the deposit at the end of the tenancy can use the scheme’s dispute process.
Which professional to consult
An independent housing adviser, or a solicitor specialising in landlord and tenant law, can check the dates and your remedies. Check yourself that any adviser is regulated.
Frequently asked questions
Does a holding deposit have to be protected?
Not in England: GOV.UK says holding deposits do not have to be protected, but it must be once it becomes the tenancy deposit. In Northern Ireland, nidirect says the 28-day rule applies once it becomes the tenancy deposit.
What if my landlord has not protected my deposit?
Contact the relevant body for your nation: the county court in England, the court in Wales, the First-tier Tribunal in Scotland, the council in Northern Ireland.
Is there a time limit to apply in Scotland?
Yes: during the tenancy or up to 3 months after it ends.
Who protects the deposit if an agent is used?
In Northern Ireland the agent carries the same 28-day and 35-day duties. In England, GOV.UK refers to the landlord or letting agent.
How is a dispute settled?
The deposit stays protected in the scheme until the issue is resolved (England).
More guides on renting
Sources
- Tenancy deposit protection (GOV.UK) (consulted 14 October 2026)
- Housing Act 2004, section 214 (legislation.gov.uk) (consulted 14 October 2026)
- Tenant Fees Act 2019: guidance for tenants (GOV.UK) (consulted 14 October 2026)
- Deposits: guidance for tenants (gov.wales) (consulted 14 October 2026)
- Standard occupation contracts: guidance (gov.wales) (consulted 14 October 2026)
- When you must protect a tenancy deposit (mygov.scot) (consulted 14 October 2026)
- When your tenancy deposit must be protected (mygov.scot) (consulted 14 October 2026)
- Tenancy Deposit Scheme: information for tenants (nidirect) (consulted 14 October 2026)
- Private rent and tenancies (nidirect) (consulted 14 October 2026)