For renters
Deposits: what you should hand over, and what you get back
What a landlord can legally ask for up front when you rent a room, when a deposit must be protected in a government scheme, and how to get it back at the end.
Updated
What a landlord can legally charge
In England, the Tenant Fees Act restricts payments a landlord or letting agent can require. Rent, a capped tenancy deposit, a capped holding deposit, and genuine costs for things like lost keys or late rent are permitted. Charges for referencing, administration, inventories, credit checks or renewing an agreement are not.
Tenancy deposits are capped: five weeks' rent where the annual rent is under £50,000, and six weeks' above that. A holding deposit — paid to reserve a property while checks are done — is capped at one week's rent.
Worth knowing. If someone asks you for a £250 'admin fee' or 'referencing fee' to secure a room in England, that is very likely a prohibited payment. Ask what it is for, in writing.
Deposit protection
Where you have an assured shorthold tenancy, your landlord must place your deposit in one of the government-approved protection schemes and give you prescribed information — which scheme, how to get it back, and how disputes are resolved — normally within 30 days of receiving it.
The schemes offer free dispute resolution at the end of the tenancy, which is genuinely worth using. If a landlord fails to protect a deposit properly, a court can order them to repay it and pay a penalty of up to three times the amount.
As covered in the lodger guide, none of this applies in the usual way if you are a lodger with a live-in landlord. That is not a reason to avoid lodging — it is a reason to get the terms written down.
Protecting yourself when renting from a distance
Anyone moving to Bedfordshire for construction work is likely to be arranging a room before they arrive, which is exactly the situation fraudsters look for. The pattern is consistent: an attractive room, an urgent reason you cannot view it, and a request to transfer a deposit to hold it.
Before any money moves:
- View the room in person, or on a live video call where you can ask them to show specific things
- Verify the person letting it is connected to the address — not just that the address exists
- Never pay by bank transfer to someone you have not verified, and never in cryptocurrency or gift cards
- Be suspicious of pressure, urgency, or a price notably below everything else nearby
- Get the agreement, the deposit amount and what it covers in writing before paying
- Keep every message and receipt
Getting it back
Take dated photographs of the room and any existing damage on the day you move in, and send them to the landlord so there is a shared record. This single step resolves most end-of-tenancy disputes before they start.
At the end, a landlord can deduct for damage beyond fair wear and tear, unpaid rent, or cleaning to return the room to its original condition — but not for ordinary use. If you are in a protection scheme and cannot agree, use the scheme's free adjudication rather than accepting a deduction you think is wrong.
Primary sources
Check these rather than taking our word for it. Rules and thresholds change.
This guide is general information, not legal, tax or financial advice. Rules change and individual circumstances differ — check the primary sources above, your council, or take professional advice before making a decision.
Common questions
- How much deposit can a landlord ask for in England?
- Tenancy deposits are capped at five weeks' rent where the annual rent is below £50,000, or six weeks' rent above that. A separate holding deposit to reserve the property is capped at one week's rent.
- How do I check my deposit is protected?
- Your landlord must tell you which scheme holds it. You can also search directly on the schemes' own websites using your details. If you were never given that information, the deposit may not be protected.
- Can a letting agent charge me a referencing fee?
- Not in England. The Tenant Fees Act bans most fees including referencing, administration, credit checks and inventory charges. Only specific permitted payments such as rent, capped deposits and genuine default charges are allowed.
- What if my landlord did not protect my deposit?
- You can apply to the county court. If the landlord failed to protect the deposit or give you the prescribed information, the court can order repayment plus a penalty of between one and three times the deposit amount.
- Is it safe to pay a deposit before viewing a room?
- No, and you should treat any request to do so as a warning sign. Rental fraud specifically targets people arranging accommodation from a distance before starting a new job. View in person or on a live video call, and verify who you are dealing with before any money moves.