Tenancy deposit disputes: how to get your deposit back

At the end of a tenancy, disputes over the return of a deposit are very common. Here we run through your rights, what deductions are lawful, and what steps to take if your landlord is withholding your deposit unfairly.

What can a landlord deduct from your deposit?

A landlord can only deduct from your deposit for legitimate costs directly caused by the tenant. Lawful deductions may include:

• Unpaid rent, arrears at the end of the tenancy
• Damage beyond fair wear and tear, damage to the property or its contents caused by the tenant, not ordinary deterioration from use
• Cleaning costs, if the property is left in a materially worse state of cleanliness than at the start, evidenced by an inventory
• Missing items, items listed in the inventory that are no longer present

What deductions are not allowed?

Deductions are not allowed for:

• Fair wear and tear, ordinary aging and use of the property and its contents
• Pre-existing damage that was present at the start of the tenancy and recorded in the inventory
• Repairs or replacements that were already the landlord's responsibility
• Damage caused by the landlord's own failure to maintain the property

What is fair wear and tear?

Fair wear and tear refers to the gradual deterioration of a property and its fittings through normal use over time. A carpet that has worn in areas of heavy footfall over a five-year tenancy is fair wear and tear. A carpet stained or damaged by the tenant is not. The age and quality of items at the start of the tenancy is relevant.

Where should my deposit be protected?

Since 2007, landlords are required to protect tenancy deposits in one of three government-approved Tenancy Deposit Protection (TDP) schemes:

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

Within 30 days of receiving your deposit, your landlord must protect it and provide you with prescribed information about the scheme. Failure to do this gives you rights to claim compensation.

What if I disagree with deductions?

If your landlord proposes deductions you disagree with:

1. Respond in writing, setting out clearly which deductions you dispute and why
2. Request evidence for any deduction, invoices, receipts, photographs
3. Use the dispute resolution service provided by the relevant TDP scheme, this is a free alternative to going to court and is generally resolved within a few weeks

What is deposit scheme dispute resolution?

All three TDP schemes operate a free independent dispute resolution service. You and your landlord both submit your evidence, and an adjudicator decides how the deposit should be split. The decision is binding.

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

What if the deposit was not protected?

If your landlord failed to protect your deposit or gave you the prescribed information late, you can apply to court for:

• Return of the deposit in full
• A penalty of between one and three times the deposit amount

When should I contact Support for Tenants?

We handle housing disrepair claims. If your landlord is withholding your deposit and also failed to carry out repairs, these matters are often connected. 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)