Tenancy deposit disputes: how to get your deposit back

When a tenancy ends, fights over the deposit are very common. This page explains your rights. It tells you what your landlord can take money for. It also tells you what to do if your landlord keeps your deposit when they should not.

What can a landlord deduct from your deposit?

A landlord can only take money for real costs that you caused. They are allowed to take money for these things:

• Unpaid rent, rent you still owe when the tenancy ends
• Damage beyond fair wear and tear, damage to the home or its contents that you caused, not the normal wear that comes from using it
• Cleaning costs, if you leave the home much dirtier than it was at the start, shown by an inventory
• Missing items, things on the inventory that are no longer there

What deductions are not allowed?

Your landlord cannot take money for:

• Fair wear and tear, the normal aging and use of the home and its contents
• Damage that was already there at the start and written down in the inventory
• Repairs or replacements that were already the landlord's job
• Damage caused because the landlord did not look after the home

What is fair wear and tear?

Fair wear and tear means the slow way a home and its fittings get worn out through normal use over time. Say a carpet gets worn in busy spots over a five-year tenancy. That is fair wear and tear. But a carpet that you stained or damaged is not. The age and quality of items at the start of the tenancy matters too.

Where should my deposit be protected?

Since 2007, landlords must protect tenancy deposits. They must use one of three government-approved Tenancy Deposit Protection (TDP) schemes:

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

Your landlord must protect your deposit within 30 days of getting it. They must also give you set information about the scheme. If they do not do this, you have the right to claim compensation.

What if I disagree with deductions?

If your landlord wants to take money you do not agree with:

1. Reply in writing. Say clearly which deductions you do not agree with and why
2. Ask for proof of any deduction, such as invoices, receipts or photos
3. Use the dispute resolution service run by the TDP scheme. This is a free way to sort things out instead of going to court. It is usually sorted out within a few weeks

What is deposit scheme dispute resolution?

All three TDP schemes run a free, independent dispute resolution service. You and your landlord both send in your proof. Then a judge, called an adjudicator, decides how the deposit should be split. The decision is final and you both have to follow it.

You do not need to go to court if the deposit is protected and you both agree to use the scheme's dispute service. If your landlord will not use the service, you can go to court.

What if the deposit was not protected?

If your landlord did not protect your deposit, or gave you the set information late, you can ask the court for:

• Your full deposit back
• A penalty of between one and three times the deposit amount

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. Sometimes your landlord keeps your deposit and also did not do repairs. These two things are often linked. Call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 213, Housing Act 2004 (tenancy deposit schemes) (legislation.gov.uk)