Cengolio · Fines · Deposit cap
Tenancy deposit cap
In England the deposit is capped by statute: five weeks' rent below £50,000 a year, six weeks from £50,000 up. The trap sits in the word week — the Act divides the annual rent by 52, so a deposit sold as a month and a quarter overshoots the cap by a full week's rent.
Caps as set by the Tenant Fees Act 2019, Sch 1, checked against the living text after the 2025 reform's first phase, 22 July 2026 · legislation.gov.uk
This is the England scheme for tenancies the Act covers; Wales runs its own regime under the Renting Homes (Fees etc.) (Wales) Act 2019, and the government's enforcement guidance places tenancies above £100,000 a year outside the Act altogether.
Anything taken above the cap is a prohibited payment and repayable, para 2(3). The enforcement guidance prices a first breach at up to £5,000, and a repeat within five years at up to £30,000 with a criminal offence attached. The deposit itself must sit in an approved scheme within 30 days, s. 213 Housing Act 2004.
The Renters' Rights Act 2025 has been rebuilding tenancy law around these figures in stages since 1 May 2026; the caps above were checked against the post-reform text. Whether a particular payment can be challenged, and how, is a question for advice, and none of it is arithmetic.