Tenancy deposit protection: a landlord’s record checklist

Protection and information are two tasks

GOV.UK identifies the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme as approved schemes. Follow your scheme’s process and supply the required information within 30 days of receiving the deposit.

A payment entry proves that money moved; it does not by itself prove protection or that the required information reached the relevant people. Keep the scheme confirmation and information record alongside the receipt.

Sources: GOV.UK: tenancy deposit protection · GOV.UK: information landlords must give tenants

Check the deposit limit before taking payment

For tenancies within the Tenant Fees Act rules, the tenancy deposit cap is five weeks’ rent where annual rent is below £50,000, and six weeks where annual rent is £50,000 or more. A holding deposit is a different payment and has a separate limit of one week’s rent.

Label each payment by its purpose. If a holding deposit is later used towards the tenancy deposit, keep a clear record of that change and check the applicable timing.

Sources: GOV.UK: Tenant Fees Act guidance

What to keep in the deposit file

A consistent record helps you answer questions during the tenancy and identify omissions before the tenancy ends. These are practical filing suggestions, not a substitute for the scheme’s requirements.

• Amount, date received, payer and the tenancy the payment relates to.
• The rent figure and calculation used to check the deposit cap.
• Scheme name, reference and confirmation of protection.
• The prescribed information and any scheme documents supplied.
• Who received the information, when it was sent and evidence of delivery.
• The inventory, condition records and later correspondence relevant to deductions.

If a deadline or record is missing

Check the scheme record before concluding that the deposit was never protected. Missing evidence and a missed legal deadline are different problems.

If protection or the information duty was late, seek advice about the actual position. Producing a document now does not establish that the original deadline was met, and deposit disputes are handled through the relevant scheme or legal process.

Sources: GOV.UK: tenancy deposit protection · GOV.UK: information landlords must give tenants