Deposits in a flatshare: caps, protection and getting yours back
How tenancy deposits work in England: the five week cap, 30 day protection rule, joint tenancy deposits, lodger rules, deductions, disputes and penalties.
For most tenancies in England the deposit is capped at five weeks' rent and must be protected in a government-approved scheme within 30 days, with the details given to you in writing. Landlords can only deduct for losses they can evidence, never for fair wear and tear, and every scheme runs a free dispute service where the burden of proof sits with the landlord. If they fail to protect it, a court can order them to pay you one to three times the deposit.
The deposit is usually the biggest lump of money you hand over when you move, and the one most likely to cause a fight when you leave. The rules are firmly on your side if you know them.
How much can be taken
For most tenancies in England the deposit is capped at five weeks' rent, rising to six weeks only where the annual rent is above £50,000. To work out five weeks, multiply the monthly rent by 12, divide by 52, then multiply by 5. On an £800 per month room that is about £923.
A holding deposit to reserve a place is capped at one week's rent and must be returned or put towards your first payment once the tenancy goes ahead. Since 1 May 2026, landlords also cannot require more than one month's rent in advance on a new tenancy. The days of "six months upfront" as a condition of getting the keys are over. You can still choose to pay more in advance if you want to, but nobody can make that a condition of the tenancy.
Admin fees, referencing fees, check-in fees and renewal fees charged to tenants were all banned by the Tenant Fees Act 2019. If someone asks for one, that alone tells you something about the landlord.
The 30 day protection rule
If you have an assured tenancy, your landlord must protect your deposit in one of three government-approved schemes within 30 days of receiving it: the Deposit Protection Service, MyDeposits, or the Tenancy Deposit Scheme. Within the same 30 days they must give you the prescribed information: which scheme holds the money, how to get it back, and how disputes work.
Schemes come in two flavours. Custodial means the scheme physically holds the money. Insured means the landlord keeps it but pays the scheme to guarantee it. Either is fine. What matters is that it is protected and you were told.
If the landlord fails to protect it or to give you the information, a court can order them to pay you between one and three times the deposit as a penalty. Non-compliance can also block a landlord's possession claim. It is worth checking: each scheme has a free online tool where you enter your postcode and tenancy details to confirm your money is actually there.
Joint tenancies, room-only tenancies and lodgers
On a joint tenancy there is one deposit for the whole house, usually registered with one person as the lead tenant. The scheme repays the lead tenant, who then splits it. Agree in writing at the start how that split works, and what happens if one person's room needs work.
If you rent a room on your own agreement, your deposit is yours alone and the cap applies to your rent, not the whole house.
Lodgers who live with a resident landlord are the exception: deposit protection is not legally required. It is still reasonable to ask for a receipt and a written note of what the deposit covers.
Getting it back
Once you and the landlord agree the amount, the scheme must return the money within 10 days. Landlords can only deduct for actual losses they can evidence: unpaid rent, damage beyond fair wear and tear, missing items from the inventory, or cleaning needed to return the place to its check-in condition.
Fair wear and tear is the key phrase. Carpets flatten, walls scuff, sofas sag. That is living, not damage, and it cannot be charged to you. A burn hole in the carpet is damage. Four years of footsteps is not.
If you disagree with a deduction, say so through the scheme. Every scheme runs a free dispute resolution service, and the burden of proof sits with the landlord. No evidence, no deduction. You do not need a solicitor and there is nothing to pay.
Protect yourself on day one, not day last
The deposit battle is won at check-in. Go through the inventory line by line and add anything it misses. Photograph every room, every mark, the oven, the meters. Email the photos to the agent or landlord so they are date-stamped. When you leave, clean to the standard of those photos, take the same photos again, return the keys, and give a forwarding address in writing.
Ten minutes with a camera at the start routinely saves hundreds of pounds at the end.
This guide covers England and is general information, not legal advice. Rules differ in Wales, Scotland and Northern Ireland. For advice on your own situation, speak to Shelter, Citizens Advice or a solicitor.
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