I want to give you a clear, legally accurate answer here, particularly because the rules around deposits in England changed meaningfully on 1 May 2026 when the Renters' Rights Act came into force. Understanding both what you can be charged and what you cannot be charged puts you in a much stronger position before you sign anything.
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The Legal Cap on Deposits in England
The Tenant Fees Act 2019 introduced a deposit cap that still applies in full. Tenancy deposits in England are capped at five weeks' rent where the annual rent is less than £50,000 or six weeks' rent where the annual rent is £50,000 or more. This applies to assured shorthold tenancies, tenancies of student accommodation, and licenses to occupy housing in the private rented sector in England.
I would tell you what this means in practical terms. If your rent is £700 per month, your annual rent is £8,400, which is below the £50,000 threshold. Your weekly rent is £700 divided by 52 weeks multiplied by 12, which works out to approximately £162 per week. Five weeks of that is roughly £810. That is the maximum deposit your landlord can legally ask you to pay.
The Renters' Rights Act has not changed these caps. Any deposit that exceeds the permitted amount is unlawful and must be repaid.
The New Rent in Advance Rule From May 2026
This is a significant change that directly affects international students who were previously asked to pay six or twelve months of rent upfront. Historically, international students without a UK-based guarantor were often forced to pay six to twelve months of rent in advance. In 2026, this practice is largely banned. Landlords and agents are now prohibited from requesting more than one month's rent in advance. Your security deposit remains legally capped at five weeks' rent and must be placed in a government-backed protection scheme within 30 days.
I would flag this specifically because it changes the entire landscape for international students in the UK. You should not be asked to pay six months upfront to compensate for lacking a guarantor. If a landlord asks this of you, it is now unlawful under the Renters' Rights Act 2026.
How Deposit Protection Works
Deposits for assured shorthold tenancies in England must be protected in a government-authorized tenancy deposit protection scheme. The deposit must be protected and the prescribed information served on the tenant within 30 calendar days of receiving it.
The three government-approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. You should receive confirmation of which scheme holds your deposit and a certificate proving it is protected. If you do not receive this within 30 days of paying, you have a legal claim against your landlord.
What PBSA Buildings Typically Charge
Purpose-built student accommodation operates under a different legal framework. Private purpose-built student accommodation will be exempted from the assured tenancy system, with tenancies governed by the Protection from Eviction Act 1977 instead. This brings them in line with university-managed accommodation.
For PBSA buildings, deposits are typically flat amounts rather than calculated on weekly rent. In my experience, most major UK PBSA providers charge between £200 and £500 as a security deposit at the point of booking. These are typically lower than the equivalent five-week rent deposit for private rentals, which is one of the genuine advantages of PBSA for international students.
What Cannot Be Charged Alongside a Deposit
You can no longer be charged for things like references, credit checks, administration, and check-ins when renting a property. I would tell you that any landlord or letting agent who asks you to pay a credit check fee, an admin fee, or a referencing fee in England is breaking the law. Only rent, the tenancy deposit, and a holding deposit of up to one week's rent are permitted charges.
What to Do If Your Deposit Exceeds the Legal Cap
Any deposit that exceeds the permitted cap is unlawful and must be repaid. At the start of the tenancy, check that your deposit has been protected and that you have received the prescribed information from the landlord. If you have not received this within 30 days of paying the deposit, you may have a claim against the landlord for a penalty.
I would suggest you check your protection certificate immediately after paying any deposit and contact your university's student advice service or Citizens Advice if something does not look right.
My Quick Deposit Reference
| Accommodation Type | Typical Deposit | Legal Cap |
| Private rental (rent under £50k/year) | Five weeks' rent | Five weeks' rent |
| Private rental (rent over £50k/year) | Six weeks' rent | Six weeks' rent |
| PBSA | £200 to £500 flat | Subject to Prot. from Eviction Act |
| University halls | £200 to £400 flat | Varies by institution |
Frequently Asked Questions
How much deposit can a UK landlord legally ask for?
For most student rentals, the maximum is five weeks' rent. This is set by the Tenant Fees Act 2019 and has not been changed by the Renters' Rights Act 2026. Any deposit above this cap is unlawful and must be returned.
Can a landlord ask for six months' rent in advance instead of a guarantor in 2026?
No. From 1 May 2026, landlords cannot request more than one month's rent in advance. Asking international students for large advance rent payments to compensate for no guarantor is now unlawful in England.
Does my PBSA deposit have to be protected in a government scheme?
PBSA operates under different rules than private rentals. Check your specific contract, but most major PBSA providers protect deposits through their own or third-party schemes. The statutory protection schemes that apply to private rentals do not automatically extend to all PBSA arrangements.
What happens if my landlord does not protect my deposit within 30 days?
You have a legal claim against your landlord for failing to comply with deposit protection rules. You can apply to a court for a penalty of one to three times the deposit amount. Your university's student advice service or Citizens Advice can help you pursue this.
Is a holding deposit the same as a tenancy deposit?
No. A holding deposit is paid to reserve a property while your application is processed. It is capped at one week's rent and must be returned or credited against your first rent payment. It is separate from the tenancy deposit paid when your tenancy starts.
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Key Takeaways
- The deposit cap in England is five weeks' rent for properties where annual rent is under £50,000 and six weeks' rent above that threshold.
- The Renters' Rights Act 2026 has not changed the deposit cap but has banned asking for more than one month's rent in advance, which directly protects international students.
- Your deposit must be protected in a government-approved scheme within 30 days of payment, and you must receive prescribed information confirming this.
- PBSA deposits are typically flat amounts of £200 to £500 and operate under a different legal framework from private rentals.
- Any fees for credit checks, referencing, admin, or check-in are banned in England under the Tenant Fees Act 2019.
This article provides general information, not legal advice. Rules vary between England, Scotland, Wales, and Northern Ireland. Confirm current requirements with your university's student advice service or Citizens Advice.