Deposit protection rules apply to every assured shorthold tenancy in England. London landlords must protect the deposit in a government-approved scheme within 30 days of receipt and serve the prescribed information on the tenant. Failure exposes you to penalties of one to three times the deposit amount and bars Section 21 use. This guide covers the rules as they apply in London.
30 days
To protect from receipt
1-3x
Penalty for non-protection
5 weeks
Maximum deposit (under £50k rent)
3
Government-approved schemes
Three schemes are approved by the government:
All three are equally valid. Pick one and use it consistently across your London portfolio.
Custodial schemes hold the deposit on the scheme's behalf for the duration of the tenancy. They are free. The scheme decides on any disputed deductions at the end.
Insured schemes let you hold the deposit yourself, paying a per-tenancy fee to the scheme. You keep control of the cash but must pay the scheme to dispute resolution if challenged. Used where landlords want the cashflow advantage.
For most London small landlords, the custodial route is simpler and avoids the cashflow risk of having to return a deposit you may have already spent.
Under the Tenant Fees Act 2019 the maximum deposit is:
For typical London rents, the five-week cap applies. Taking more than the cap is unlawful and the excess must be returned. Charging a "holding deposit" is permitted but capped at one week's rent and must be deducted from the first month's rent or refunded.
Two duties within 30 days of receiving the deposit:
The prescribed information includes: scheme name and contact, amount paid, property address, tenant and landlord details, names of others who paid, scheme dispute procedure, and tenant rights. Schemes provide template forms; use them.
Missing the 30-day window does not automatically expose you to the full three-times penalty, but it does block any Section 8 claim involving rent arrears in the affected tenancy period. After Section 21 abolition on 1 May 2026, the Section 21 block is moot, but the Section 8 implication remains.
At end of tenancy:
Without an inventory, a deductions claim almost always fails. Commission a professional inventory at every change of tenancy, or use PropReady's digital inventory tool with timestamped photographs.
Deposit Protection rules are set nationally and apply equally across London. Local enforcement sits with London Borough Councils; check the council's "private rented sector" page for the latest local guidance and enforcement contact.
Only if annual rent is £50,000 or more, in which case six weeks is the cap. For typical London rents the five-week cap applies.
The tenant can claim one to three times the deposit at the County Court. The court chooses the multiplier based on culpability. Honest mistakes typically attract one to two times; deliberate non-protection attracts three times.
A holding deposit is not a tenancy deposit and does not need protection in a scheme. But it is capped at one week's rent and has its own refund rules under the Tenant Fees Act 2019.
Yes for agreed deductions. The undisputed amount must be returned to the tenant; the disputed amount stays in the scheme until resolved.
No. Deposit protection rules continue unchanged. The RRA changes the tenancy regime around them, but the deposit duties are identical.
For one to ten properties, the DPS custodial scheme is the standard choice: free, government-backed, and easy to use. mydeposits custodial is the NRLA member alternative.
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