Getting your tenancy deposit back

A tenancy deposit is held by the landlord in case there’s damage or unpaid rent.

Your deposit must be protected in one of three government-approved tenancy deposit schemes: 

• the Tenancy Deposit Scheme (TDS)
• the Deposit Protection Service (DPS)
• MyDeposits

Landlords must use one of these schemes to protect a tenant's deposit for an assured shorthold tenancy (AST).

Yes, you’ll get your deposit back as long as you’ve met the terms of your tenancy.

Your landlord can only take money from your deposit for valid reasons, such as unpaid rent or damage to the property, such as carpet stains and marks on walls.

They can also deduct money if items from the inventory are missing.

But they can’t take money for things like: 

• normal wear and tear
• repairs for damage caused by their own neglect
• replacing whole items or decorating a whole room for minor marks

So when you leave, make sure you keep a record of the property’s condition, such as photos of walls, floors, carpets and fixtures.

If money is deducted, make sure you get a written explanation of why this has happened and how the amount was calculated.

And if they claim repair or replacement costs, always ask for quotes or receipts.

Landlords must return your deposit within 10 days of agreeing on the amount.

If there’s a dispute, the deposit stays protected in the tenancy deposit protection (TDP) scheme until the issue is resolved.

All TDP schemes provide free dispute resolution: 

• DPS: call 0330 303 0030
• TDS: call 0300 037 1000
• MyDeposits: call 0333 321 9401

If your deposit isn’t returned within 10 days, get in touch with your landlord or letting agent.

Contact them via letter or email, so you have a paper trail showing that you’ve made the approach.

You should also check whether your deposit is protected in a TDP scheme.

If it’s protected, you can use its free dispute resolution service.

And if it isn’t, you may be able to apply to your local county court to get it back.

Just make sure you have plenty of evidence to support your case, such as emails, photos, inventories and receipts.

If you find out that your deposit wasn’t protected in a government-approved tenancy deposit scheme, don’t worry.

You still have the right to claim it back.

Landlords are legally required to protect deposits, so if they haven’t done this, you could be able to claim compensation.

And depending on the circumstances, this could be worth up to three times the deposit amount.

Again, it’s well worth keeping all evidence, documents and communications relating to your tenancy, just in case there’s any kind of dispute.

And if you’re unsure what to do next, it’s worth seeking advice from a housing charity like Shelter.