Checking your deposit
Does Your Landlord Have To Protect Your Deposit?
Usually, yes. If you rent privately in England on an assured or assured shorthold tenancy, your landlord must protect your deposit within 30 days.
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In Short
Most private renters in England are covered. If you rent on an assured or assured shorthold tenancy, your landlord must protect your deposit in a government-approved scheme within 30 days and give you the prescribed information. Since 1 May 2026, assured tenancies are brought into the rules. Lodgers living with their landlord, company lets, holiday lets and tenancies with rent over £100,000 a year are not covered.
Covered Or Not Covered?
- Assured shorthold tenancies, from 6 April 2007
- Assured tenancies, from 1 May 2026
- A room in a shared house, landlord living elsewhere
- Homes let through a letting agent
- Deposits paid by someone else, like a parent
- Lodgers living in their landlord's home
- A landlord living elsewhere in the same building
- Company lets, where the tenant is a company
- Holiday lets
- Rent over £100,000 a year
- Many university halls and approved student housing
Quick Test: You Are Likely Covered If
- You rent privately in England
- You are named as the tenant, not a company
- It is your only or main home
- Your landlord does not live in your home or building
- Your rent is £100,000 a year or less
- It is not a holiday let
Trickier Situations
Not Sure Which You Have?
Tenancy type can be tricky, and a solicitor can check yours. Start with our deposit check, then see how to check if your deposit is protected. Rented through an agent? Read letting agent deposit claims. For the 2026 changes, see the Renters' Rights Act and deposits.
Here's What You Get When Working With Us
Recommended
With Free Deposit Check- Full online deposit check and analysis
- All three deposit schemes searched for you
- Eligibility and time limits checked
- Your whole case file prepared
- Matched with our specialist solicitors
- £387 court fee covered in your agreement
- With you at every step
- £0 up front and £0 if you lose (terms apply)
- Search each scheme yourself
- Work out if you qualify
- Gather and organise all the evidence
- Write the letter to your landlord
- Pay the £387 court fee up front (Help with Fees may cut it)
- Present your case to the court
- Chase your landlord for payment
- All the risk and work is on you
If you win, the solicitor's success fee (up to 25% + VAT) comes out of your compensation. The solicitor pays us for the introduction, so you never pay us anything.
Quick Answers
Does My Landlord Have To Protect My Deposit?
Usually, yes. For a private assured or assured shorthold tenancy in England, the deposit must be protected in an approved scheme within 30 days.
Do Lodgers' Deposits Need Protecting?
No. Shelter says lodger deposits do not need to be protected. A lodger lives in their landlord's home.
Is A Company Let Covered?
Usually not. An assured tenancy needs the tenant to be an individual. If a company is the tenant, the deposit protection rules do not apply.
I Rent A Room From A Rent-to-rent Company. Who Must Protect My Deposit?
Your landlord under your tenancy, which may be the company that let to you. Who is responsible can be disputed, so a solicitor can check.
Did The Renters' Rights Act Change Who Is Covered?
Most private shorthold tenancies became assured tenancies on 1 May 2026. The deposit rules now cover assured tenancies, so protection still applies.
Keep Reading
Sources
- Housing Act 2004, section 212 (legislation.gov.uk)
- Housing Act 2004, section 213 (legislation.gov.uk)
- Housing Act 2004, section 214 (legislation.gov.uk)
- Housing Act 1988, section 1 (legislation.gov.uk)
- Housing Act 1988, Schedule 1: tenancies which cannot be assured tenancies (legislation.gov.uk)
- Tenancy deposit protection (GOV.UK)
- Deposit protection rules (Shelter)
- Tenancy deposit protection rules, legal guide (Shelter)
Last updated 16 October 2026. General information for tenants in England only (the rules differ in Wales, Scotland and Northern Ireland). Not legal advice.