DepositSafe
Ireland vs the UK: how rental deposit protection differs
General information, not legal advice. Rules in each jurisdiction change; follow the official links for the current position.
The short answer
In England, Wales, Scotland and Northern Ireland, a landlord must put a tenant's deposit in a government-approved deposit protection scheme, and disputes are handled by the scheme while the money stays protected. In the Republic of Ireland there is no working scheme: the law for one was passed in 2015 but never started, so the deposit usually stays with the landlord, and disputes go to the Residential Tenancies Board (RTB). If you have rented in the UK, much of what you know about deposits does not apply in Ireland.
Side by side
| Who holds the deposit | Time limit to protect it | Maximum deposit | |
|---|---|---|---|
| Republic of Ireland | Usually the landlord or agent; the 2015 RTB scheme was never started | None in force | One month's rent, plus up to one month's rent in advance |
| England and Wales | A government-approved scheme | 30 days from receiving it | In England, 5 weeks' rent if annual rent is under £50,000 (6 weeks above) |
| Scotland | One of 3 approved schemes | 30 working days from the start of the tenancy | 2 months' rent |
| Northern Ireland | One of 2 approved schemes | 28 days from receiving it | See nidirect.gov.uk |
England and Wales
The landlord or agent must put the deposit in one of three government-backed schemes, the Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme, within 30 days of receiving it. Once both sides agree how much the tenant gets back, the landlord must return it within 10 days. If there is a dispute, the deposit stays protected in the scheme until it is sorted out (gov.uk). In England, the Tenant Fees Act 2019 caps the deposit at 5 weeks' rent where the annual rent is under £50,000, and 6 weeks' rent above that.
Scotland
In most cases the landlord must protect the deposit in one of three approved schemes within 30 working days of the tenancy starting, and give the tenant written information about it. A deposit can be up to 2 months' rent. A landlord who fails to protect it can be ordered by the First-tier Tribunal to pay compensation of up to three times the deposit (mygov.scot).
Northern Ireland
Deposits paid on or after 1 April 2013 must be protected in an approved scheme, run by Tenancy Deposit Scheme Northern Ireland or MyDeposits Northern Ireland. Since 1 April 2023 the landlord has 28 days to protect the deposit and 35 days to give the tenant the prescribed information (nidirect).
Republic of Ireland
The Residential Tenancies (Amendment) Act 2015 provides for deposits to be paid over to the RTB, but those provisions have never been commenced, so there is no protection scheme in practice. The landlord holds the deposit and must return it promptly at the end, less only rent arrears, other charges owed or damage beyond normal wear and tear. Since August 2021 the deposit is capped at one month's rent, with up to one month's rent in advance. Disputes go to the RTB: mediation is free and adjudication costs €30.
Read more in our guides to Ireland's deposit protection scheme, deposit rules in Ireland and RTB deposit disputes.
What this means if you are moving to Ireland
- Do not expect a deposit protection certificate: Irish landlords are not required to protect the deposit in a scheme.
- Expect to pay up to two months' rent upfront (deposit plus advance rent), not five weeks.
- Record the condition of the home carefully at move-in. Our free move-in checklist helps.
- If you are paying before you arrive, agree with the landlord that a neutral third party holds the deposit until you are in. With DepositSafe it stays in escrow until you have moved in, and reaches the landlord only after you confirm it. During the tenancy the deposit is with the landlord, as Irish law allows.
Paying a deposit before you arrive? It sits in escrow until you have moved in.
See how it works