Tenancy agreements and deposit protection

When you rent a home in England, your tenancy agreement and the deposit you pay at the start are two of the most important protections you have. Understanding the rules that govern Assured Shorthold Tenancies, how your deposit must be kept safe, and what to check before you move in will help you settle confidently and get your money back when it is time to move on.

What is an Assured Shorthold Tenancy?

Most private rentals in England are let on an Assured Shorthold Tenancy, or AST. This is the standard form of agreement between a private landlord and a tenant for residential property. The tenancy gives you the right to live in the home and sets out both your responsibilities and those of your landlord. It will specify how much rent you pay, when it is due, and how the tenancy can be ended by either party.

Fixed-term vs rolling tenancies

Until recently, most ASTs began with a fixed-term period, typically six or twelve months. During this time, neither you nor the landlord could usually end the tenancy without cause. At the end of the fixed period, the tenancy either rolled into a periodic tenancy running month-to-month or both parties signed a new agreement. A periodic tenancy has no set end date and continues until either party gives notice.

However, since 1 May 2026, the Renters' Rights Act 2025 has changed this landscape significantly. New tenancies starting on or after that date can no longer be granted as fixed-term ASTs. Instead, all new private tenancies are now periodic assured tenancies from the start. Existing ASTs converted automatically to periodic assured tenancies on that date unless the landlord had already served a valid eviction notice. For tenants moving to the UK in 2026, this means greater flexibility: you can give two months' notice to leave at any point, rather than being locked into a fixed term. Landlords, meanwhile, must now rely on specific legal grounds to end a tenancy rather than no-fault eviction.

Notice periods and ending a tenancy

If you want to end a periodic tenancy, you must give at least one month's written notice, unless your tenancy agreement allows a shorter period. Under the new rules from May 2026, the standard for tenants is two months' notice. Your notice must end on the last or first day of a rental period. For example, if you pay rent on the fifth of each month, your notice period should end on the fourth or fifth of the month. Always confirm the required notice period in your agreement and give notice in writing, keeping a copy for your records.

The tenancy deposit cap: five weeks' rent

Since June 2019, the Tenant Fees Act 2019 has capped the deposit a landlord can request. For most tenancies, the maximum deposit is five weeks' rent if the annual rent is below fifty thousand pounds. If your annual rent is fifty thousand pounds or more, the cap is six weeks' rent. This cap makes renting more affordable and prevents landlords from demanding excessive sums upfront. The deposit is held as security against damage or unpaid rent, but it remains your money and must be returned to you at the end of the tenancy if you meet your obligations.

To calculate the cap, multiply your monthly rent by twelve to find the annual figure, divide by fifty-two to get the weekly rent, and then multiply by five. Always check that the deposit requested does not exceed this limit. If a landlord asks for more, you can refuse to pay the excess, and they must return it on demand. Charging above the cap is a prohibited payment and can result in fines for the landlord and prevent them from using certain eviction procedures.

Tenancy deposit protection schemes

Every landlord or letting agent in England who takes a tenancy deposit for an assured shorthold tenancy must protect it in a government-approved tenancy deposit protection scheme, known as a TDP scheme. This rule has applied to all tenancies started since 6 April 2007 and is a legal requirement designed to ensure you get your deposit back fairly at the end of your tenancy.

The 30-day deadline

Your landlord must place your deposit into one of the approved schemes within thirty calendar days of receiving it from you. The countdown starts from the day the landlord or agent receives your money, not when you move in or when the tenancy formally begins. Within the same thirty-day window, the landlord must also give you prescribed information in writing. This information tells you which scheme protects your deposit, how to contact the scheme, and how disputes are resolved at the end of the tenancy. Missing this deadline is a serious breach and can result in financial penalties for the landlord and give you the right to claim compensation.

The three approved schemes

There are three government-approved deposit protection schemes operating in England and Wales. These are the Deposit Protection Service, or DPS, mydeposits, and the Tenancy Deposit Scheme, or TDS. Each offers two types of protection: custodial and insured. In a custodial scheme, the scheme itself holds your deposit in a secure account for the duration of the tenancy. This service is free to landlords and gives tenants confidence that the money is ring-fenced. In an insured scheme, the landlord holds the deposit but pays a fee to insure it, so that if they fail to return what is owed, the scheme will pay you and then recover the money from the landlord.

You can check whether your deposit is protected by visiting the websites of DPS, mydeposits, or TDS. You will need your surname, postcode, the amount of the deposit, and the start date of your tenancy to search. If you cannot find your deposit registered with any of the three schemes, contact your landlord or agent immediately in writing and ask them to provide the details. If they do not respond or have not protected your deposit, you should seek advice from Shelter or Citizens Advice, as you may be entitled to compensation of between one and three times the value of your deposit through the county court.

• Deposit Protection Service: 0330 303 0030 or visit depositprotection.com
• mydeposits: 0333 321 9401 or visit mydeposits.co.uk
• Tenancy Deposit Scheme: 0300 037 1000 for insurance, 0300 037 1001 for custodial, or visit tenancydepositscheme.com

Check-in inventories and condition reports

One of the most important documents you will handle during your tenancy is the inventory, also called a check-in report. This is a detailed record of the condition of the property and its contents when you move in. It should list every room, the fixtures and fittings, any furniture or appliances provided, and note any existing damage, marks, or wear and tear. The inventory is the benchmark against which your landlord will compare the property when you leave, and it is the key piece of evidence if there is a dispute over your deposit.

What to check and how to protect yourself

When your landlord or letting agent provides the inventory, go through it carefully room by room. Check that every item is listed and that the condition descriptions are accurate. If the inventory says a wall is unmarked but you can see scuff marks, note this in writing and ask for the document to be updated. Take your own photographs or videos on the day you move in, making sure they are dated. Photograph any damage, stains, worn carpets, cracked tiles, or broken fixtures. Store these images safely, as they can be vital evidence if your landlord later claims you caused damage that was already present.

Only sign and date the inventory once you are satisfied it is complete and correct. If your landlord does not provide an inventory, make your own detailed written record and send a copy to them by email, keeping proof of delivery. Some landlords or agents hire professional inventory clerks to prepare the report, which can offer greater impartiality. However, whether done by the landlord, agent, or a third party, you have the right to be present and to challenge anything you disagree with.

• Check every room and item on the inventory matches the actual condition
• Take clear, dated photographs or a video walkthrough on move-in day
• Note and photograph any existing damage, wear, or missing items
• Ask for corrections in writing before you sign the document
• Keep a signed copy of the inventory and all your photos in a safe place

Getting your deposit back

At the end of your tenancy, your landlord will arrange a check-out inspection to compare the condition of the property against the original inventory. This inspection usually happens on the last day of the tenancy, when you hand back the keys. Your landlord can only deduct money from your deposit if there is a valid reason, such as damage beyond normal wear and tear, unpaid rent, or the property being left significantly dirtier than when you moved in. Normal wear and tear means the gradual deterioration that happens with everyday use, such as minor scuffs on walls, faded paintwork, or worn carpet in high-traffic areas. Landlords cannot charge you for this.

The ten-day rule and disputes

Once you and your landlord agree on any deductions or that the full deposit will be returned, the money must be paid back to you within ten days. If there is a disagreement, the deposit stays protected in the scheme until the issue is resolved. You can use the free dispute resolution service provided by the deposit protection scheme. An independent adjudicator will review the evidence from both sides, including the check-in and check-out reports, photographs, and any receipts or quotes, and will make a binding decision usually within twenty-eight days.

To improve your chances of getting your full deposit back, clean the property thoroughly before you leave, ideally to the same standard documented in the check-in report. Take another set of dated photographs or a video once the property is empty and clean. Return all keys and any access cards or fobs on time, and get a receipt or written confirmation from your landlord. Report any repairs needed during the tenancy in writing and keep copies of those messages, so your landlord cannot later blame you for damage they should have fixed.

Where to get help

If you are unsure about your rights or face difficulties getting your deposit back, free advice is available. Shelter and Citizens Advice both have detailed online guides and local offices where trained advisers can help you. You can also contact the deposit protection scheme directly if you need support with the dispute process. If your landlord did not protect your deposit at all or missed the thirty-day deadline, you may be able to claim compensation through the county court, and organisations like Shelter can guide you through this process.

Understanding your tenancy agreement, knowing your deposit is protected, and keeping clear records from move-in to move-out will give you confidence throughout your time renting in the UK. The rules are in place to protect you, and by following these practical steps, you can ensure a fair and smooth experience from the day you sign your tenancy to the day you get your deposit back.