Why it matters
What Deposit Protection Scheme means for a landlord
Deposit protection is one of the most litigated duties in letting because the sanction is both financial and procedural. A tenant can claim one to three times the deposit, and since 1 May 2026 a court cannot make a possession order on any ground except 7A or 14 while the deposit rules have not been met. The 30 days run from the date the money is received, not from the start of the tenancy, so a deposit taken two weeks before move-in has less time than it seems. A landlord using an agent should keep their own record of the receipt and protection dates, because the liability stays with the landlord.
Worked example
How it plays out
Callum takes a £1,800 deposit for a flat in Bristol on 28 May 2026, before the tenancy starts on 1 June. He assumes the 30 days run from the start date and protects it with DPS on 29 June, sending the prescribed information the same day. The deadline was 26 June. The tenant can now ask the court for between one and three times the deposit. Because the deposit is protected and the prescribed information given, being late does not stop a court making a possession order (Housing Act 2004, s.215); had he still not protected it, no order could be made except on the antisocial behaviour grounds until he did or returned the deposit.
Common mistakes
Where landlords go wrong
- 01Counting the 30 days from the tenancy start date instead of the day the deposit was received.
- 02Protecting the deposit on time but sending the prescribed information late: both have a 30-day deadline.
- 03Relying on a letting agent without written confirmation of when the deposit was protected and the information sent.
- 04Taking a deposit in cash with no receipt, so the date it was received cannot be shown.
What to do
A short checklist
- Check each deposit’s protection date against the date it reached your bank account.
- Protect new deposits within a week, not on day 30.
- Send the certificate and prescribed information together and keep proof of sending.
- Ask any agent for written confirmation of protection dates.
Sources
- GOV.UK: Tenancy deposit protection
- GOV.UK: Information landlords must give tenants
- legislation.gov.uk: Housing Act 2004, section 215
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.