Tenancy deposit cap, 30-day rule and the 1–3× penalty: a 2026 landlord guide

How much deposit you can take, how quickly you must protect it, and what an English court can order if you get it wrong — sourced from the Housing Act 2004, the Tenant Fees Act 2019 and GOV.UK guidance.

Tenancy deposit protection in 2026: the cap, the clock and the penalty

Short answer. In England, a tenancy deposit on an assured tenancy (including an assured periodic tenancy) is capped at 5 weeks' rent (or 6 weeks where annual rent is £50,000 or more), must be protected in a government-approved scheme within 30 days of receipt, and the Prescribed Information must be served on the tenant within the same 30 days. If you miss either step, the tenant can ask the county court to order you to repay the deposit and pay a penalty of 1–3× the deposit amount, and, while the deposit remains unprotected, courts in practice expect the position to be regularised before you rely on a possession ground (Section 21 itself was abolished in England on 1 May 2026).

Scope: this guide describes the position in England. Wales, Scotland and Northern Ireland operate different rules.

The statutory framework (where the rules actually come from)

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