Tenancy Deposit Scheme: 15 Questions Tenants Actually Ask (2026)
Your deposit has to be protected within 30 days of the landlord receiving it, and if it was never protected, you can ask a court for up to three times the amount back. Those two facts settle most deposit arguments before they start. Below are the questions tenants actually ask, answered against the rules in force from 1 May 2026.
We've grouped the answers in the order a tenancy runs, checking the scheme, protecting the money, getting it back, disputing deductions, and what to do if the rules were ignored. If you are on the landlord side of the same question, our companion guide to the 30-day deposit protection deadline covers the compliance steps.
1. What is a tenancy deposit scheme?
A tenancy deposit scheme is a government-approved service that holds a tenant's deposit independently of the landlord. It exists to stop the money being spent during the tenancy and to give both sides a free route to resolve disagreements at the end.
There are three approved schemes in England and Wales: the Deposit Protection Service (DPS), MyDeposits (which also administers deposits formerly held by Capita) and the Tenancy Deposit Scheme (TDS). Scotland and Northern Ireland run separate schemes with their own deadlines, so check the devolved guidance if the property is outside England and Wales.
2. How do I check whether my deposit is protected?
Search all three schemes, not just the one your landlord named. Each has a tenant lookup tool, and the search usually needs your postcode plus the deposit amount or tenancy start date:
- DPS, tenant deposit lookup on depositprotection.com (0330 303 0030)
- MyDeposits, tenant lookup on mydeposits.co.uk (0333 321 9401)
- TDS, "is my deposit protected" on tenancydepositscheme.com (0300 037 1000)
If none of them has a record, ask your landlord or letting agent in writing for the scheme name, the registration date and the prescribed information. Keep that request, a written trail matters if the answer is "we'll look into it" and then nothing arrives.
3. How long does a landlord have to protect a deposit?
Thirty calendar days from the day the money is received. Not 30 working days, and the clock does not restart if the deposit is topped up later. The same 30-day window applies to the prescribed information the tenant must be given.
The exception people trip over is the holding deposit: money paid to reserve a property before the tenancy starts does not have to be protected. It becomes a security deposit on the day the tenancy begins, and the 30-day clock starts then.
4. What is "prescribed information" and what should I receive?
Prescribed information is the paperwork that proves the deposit is protected and tells you how to get it back. Within the 30 days you should receive, in writing:
- the address of the property and the amount of the deposit paid;
- the name, address and contact details of the scheme holding it;
- the landlord's (and agent's) name and address;
- how to apply to get the deposit back at the end of the tenancy;
- what happens if there is a dispute, including the scheme's dispute process;
- the circumstances in which the landlord may keep part of the deposit.
Missing prescribed information is a separate failure from failing to protect the deposit, and it can be raised with the scheme or the court in the same way.
5. How long should it take to get my deposit back?
Ten days from the date you and the landlord agree how much is being returned. If you agree the full amount, the scheme releases it and the money lands in your account shortly after. If part is in dispute, the undisputed amount should still be released while the rest stays protected.
Where there is no dispute and the landlord simply goes quiet, you can raise a dispute with the scheme directly, you do not need the landlord's permission to start that process, and the scheme can pay out what it holds if the landlord does not engage.
6. Can my landlord keep my deposit for cleaning?
Only where the cleanliness falls below the standard recorded at the start of the tenancy, and only to the extent of the landlord's actual loss. Two things make a cleaning deduction weak:
- A professional-cleaning clause. Requiring a tenant to pay for professional cleaning is a prohibited payment under the Tenant Fees Act 2019, so a clause demanding it is generally unenforceable. What matters is the condition of the property, not who cleaned it.
- No check-in evidence. If there is no inventory, no dated photographs and no check-in report, the landlord cannot show the property was cleaner at the start. The scheme adjudicators weigh evidence, not assertions.
7. Can my landlord keep my deposit for no reason?
No. Every deduction has to be tied to a term of the tenancy agreement and supported by evidence of loss. "Admin", "redecorating" and "general wear" are not deductions, they are the landlord's cost of owning the property.
If you get a deduction list with no receipts, no photographs and no reference to the check-in report, say so in writing and dispute it through the scheme. You do not have to accept a deduction because the landlord says it is standard.
8. What counts as fair wear and tear, and what is damage?
Fair wear and tear is the gradual deterioration you would expect from ordinary living: faded paint, minor scuffs, worn carpet in walkways, small marks on worktops. Damage is a distinct event or pattern of neglect: burns, holes, stains, broken fittings, pet damage, smoking inside.
The test is not "does it look used", everything looks used after a few years. The test is whether the item has deteriorated beyond what normal use would produce, allowing for the age and expected lifespan of the item. A 12-year-old carpet cannot be charged at replacement cost; deductions are usually reduced for age and wear.
9. How does the deposit dispute service work?
Each scheme offers free alternative dispute resolution. The process is broadly the same:
- you raise a dispute online and set out what you are contesting;
- both sides upload evidence, inventory, check-in and check-out reports, photographs, receipts, quotes, correspondence;
- an adjudicator reviews the paperwork (there is no hearing) and decides how the deposit is split;
- the decision is final and binding once both parties have agreed to use the service.
Adjudicators decide on evidence, so the side with dated photographs and written records usually wins. Keep your check-in report, your move-out photos and every message about the deposit.
10. What if my deposit was never protected?
You can apply to your local county court using Form N208. The court can order the landlord to protect the deposit or repay it, and it can order compensation of up to three times the deposit. The court fee in 2026 is £387, which you can recover if you win, and there are reductions for low income or certain benefits.
Before filing, write to the landlord and agent setting out the dates and asking for the deposit and compensation. A formal letter frequently produces a settlement, because the landlord knows the penalty exposure. Citizens Advice and Shelter both publish step-by-step guidance for this claim.
11. Can I still claim after the tenancy has ended?
Yes. A failure to protect the deposit can be pursued after the tenancy ends, within the usual six-year limitation period for court claims. Moving out does not reset or extinguish the landlord's obligation to have protected the money while the tenancy was running.
12. What is a holding deposit, and can I get it back?
A holding deposit reserves a property while references and paperwork are completed. It is capped at one week's rent and is not protected by a tenancy deposit scheme.
If the tenancy goes ahead, the holding deposit usually becomes part of the security deposit, at which point the 30-day protection clock starts. If the tenancy falls through, the money should be returned unless the landlord can show a permitted reason to keep it, such as false information on the application.
13. How much deposit can a landlord ask for?
Five weeks' rent where the annual rent is below £50,000, or six weeks' rent where the annual rent is £50,000 or more. Anything above the cap is a prohibited payment under the Tenant Fees Act 2019 and can be reclaimed.
| Question | Answer |
|---|---|
| Deposit cap | 5 weeks' rent (6 weeks if annual rent is £50,000+) |
| Protection deadline | 30 calendar days from receipt |
| Prescribed information | Same 30 days |
| Return after agreement | 10 days |
| Dispute cost | Free through the scheme |
| Unprotected deposit | County court, compensation up to 3× the deposit |
14. Did the Renters' Rights Act change any of this?
From 1 May 2026, assured shorthold tenancies became assured periodic tenancies and section 21 "no-fault" notices were abolished. The deposit regime itself did not change: the same three schemes, the same 30-day protection deadline, the same prescribed information, the same free dispute service and the same court remedy for an unprotected deposit.
The practical effect for tenants is that a landlord can no longer use the threat of a section 21 notice to discourage a deposit claim. The routes to your money are the scheme and the county court, and both remain open.
15. What should I do first if I am moving out?
Build the evidence before you hand back the keys:
- Photograph every room, including inside cupboards, appliances and the garden, with dates visible.
- Find your check-in report and inventory, that is the baseline the landlord has to beat.
- Clean to the standard recorded at check-in, not to a professional contract you were never obliged to buy.
- Put your forwarding address and deposit request in writing on the day you leave.
- If a deduction list arrives, reply in writing within days, item by item, and ask for receipts and photographs.
- If you cannot agree, raise a dispute with the scheme rather than negotiating indefinitely.
Landlords screening new tenants face the same evidence problem in reverse, our guide to checking tenant references covers what to verify before a tenancy starts, and the 30-day protection guide covers the landlord's side of the deposit deadline.
Frequently asked questions
Can a landlord deduct for a cleaner I did not agree to? Only if the property was left below its check-in condition and the landlord can evidence the cost. A clause requiring professional cleaning is generally unenforceable under the Tenant Fees Act 2019.
What if my landlord cannot be contacted at the end of the tenancy? Raise a dispute with the scheme holding the deposit. Where the deposit is protected and the landlord does not engage, the scheme can return the money to you.
Do I need a solicitor to claim for an unprotected deposit? No. Form N208 is designed for people representing themselves, and the court fee is recoverable if you win.
Is my deposit safe if the letting agent goes bust? If the deposit is protected with an approved scheme, yes, the scheme holds it, not the agent. If it was never protected, the claim is against the landlord.