Deposit Cap and Non-Monetary Deposit Prohibition — landlord obligations in England
The law sets a maximum amount you can demand as a tenancy deposit. For annual rent under £50,000, the cap is five weeks' rent; for £50,000 or more, it is six weeks. You cannot require a non-monetary deposit (like personal property) — any such deposit is void. A deposit above the cap is a prohibited payment.
The law that creates this obligation
Your obligations as a landlord
- Who this applies to: All landlords who require a tenancy deposit.
- When it applies: When you require a tenancy deposit; the cap applies at the start of the tenancy.
- What you must do: Ensure the deposit amount is within the statutory cap and is a monetary deposit only. Self-attest that the deposit complies.
What good evidence looks like
Your compliance file should contain
- Written record or document confirming this obligation has been met
- Date of compliance — email timestamp, signed receipt, or platform log
- FastPass available: Self-attestation is sufficient because the obligation is a prohibition with a clear cap; documentary evidence of the exact rent is not required to confirm compliance.
Self-attest that the deposit amount does not exceed the statutory cap and is a monetary deposit only.
Record this obligation in your LettingsLedger workspace
Upload evidence, set reminders, and build a timestamped compliance record — all in one place.
Consequences of non-compliance
Breaching the cap is a prohibited payment under TFA 2019. First breach: financial penalty up to £5,000. Second breach within five years: penalty up to £30,000 or criminal conviction. A non-monetary deposit is void under HA 2004.
Further reading for landlords
LettingsLedger is a compliance evidence governance platform. It is not a legal services provider and does not provide legal advice. Content is derived from UK primary legislation at legislation.gov.uk and official GOV.UK sources. Reflects the position as at June 2026. A GovProtocol product by Pertheo Limited.