Getting Your Deposit Back
At a Glance
For many tenants, getting their deposit back is the final step in ending a tenancy. If your deposit was protected in a government-approved tenancy deposit scheme, there are rules about how it should be returned and what happens if there’s a disagreement.
Understanding the process can help you avoid unnecessary delays and ensure you know your rights if problems arise.
When Should My Deposit Be Returned?
Once your tenancy has ended and you’ve returned the keys, your landlord should review the property’s condition and decide whether any deductions are being proposed.
The deposit must be returned within 10 days once you and the landlord have agreed how much should be returned.
If there are no deductions, this usually means you’ll receive your full deposit back.
How Is My Deposit Returned?
Your deposit should normally be returned through the tenancy deposit scheme that has been protecting it throughout your tenancy.
The exact process varies slightly between schemes, but it generally involves:
- Your landlord confirming whether any deductions are proposed.
- You agreeing or disagreeing with those deductions.
- The scheme releasing the agreed amount of the deposit.
What If My Landlord Wants to Make Deductions?
It’s common for landlords to propose deductions at the end of a tenancy, but they should explain:
- What each deduction is for.
- How much they’re claiming.
- Why they believe it’s reasonable.
- Any evidence supporting the claim.
Before agreeing to any deduction, compare it with:
- Your tenancy agreement.
- The inventory and check-in report.
- The check-out report.
- Your own photographs and videos.
If you believe a deduction is unfair, you don’t have to accept it.
For more information, see our guide on Challenging Deposit Deductions.
What If We Can't Agree?
If your deposit is protected and you can’t reach an agreement with your landlord, you can usually ask the tenancy deposit scheme to resolve the dispute.
This is known as Alternative Dispute Resolution (ADR).
The scheme will consider evidence from both parties before deciding how the disputed amount of the deposit should be divided.
ADR is usually:
- Free to use.
- Independent.
- Quicker than court proceedings.
The more evidence you have – such as photographs, inventories and correspondence – the stronger your position is likely to be.
Each deposit scheme has its own deadline for raising a dispute. Contact the scheme as soon as possible after the tenancy ends and check its current rules rather than assuming you have a particular length of time.
What If My Deposit Wasn't Protected?
Most landlords who take a tenancy deposit for an assured tenancy in England are legally required to protect it in a government-approved tenancy deposit scheme and provide you with prescribed information within the required timescales.
If your landlord failed to do this, you may have additional legal rights.
Depending on the circumstances, you could be entitled to:
- The return of your deposit.
- Financial compensation ordered by the court.
- Between one and three times the value of the deposit as compensation for non-compliance.
Whether a claim is possible will depend on the facts of your tenancy and whether the legal requirements were met.
Not Sure Whether Your Deposit Was Protected?
Many tenants assume their landlord protected their deposit because they paid one at the start of the tenancy – but that’s not always the case.
Sometimes a deposit is:
- Never protected.
- Protected late.
- Protected in the wrong amount.
- Protected correctly but the required information wasn’t provided.
If you’re unsure, it’s worth checking before accepting any deductions.
Free Deposit Protection Check
At Tenant Angels, they offer a free deposit protection check. They will:
- Review your tenancy details.
- Check the three government-approved tenancy deposit schemes.
- Explain whether your deposit appears to have been protected correctly.
- Tell you if they identify any potential issues.
Common Mistakes to Avoid
- Accepting deductions without asking for evidence.
- Assuming your deposit was protected correctly.
- Throwing away photographs or tenancy documents too early.
- Ignoring correspondence from the tenancy deposit scheme.
- Missing deadlines for responding to proposed deductions.
Frequently Asked Questions
How long does it take to get my deposit back?
If everyone agrees on the amount to be returned, the tenancy deposit scheme should normally repay the agreed amount within 10 days.
Can my landlord keep my whole deposit?
Only if they’re legally entitled to deductions that equal the full amount of the deposit and can justify those deductions with evidence.
What if I disagree with the deductions?
You don’t have to accept them.
If your deposit is protected, you can usually use the tenancy deposit scheme’s free Alternative Dispute Resolution service.
How do I know if my deposit was protected?
Your landlord or letting agent should have told you which tenancy deposit scheme was used and provided you with prescribed information shortly after receiving your deposit.
If you’re unsure, you can check with the deposit schemes or use Tenant Angels’ free deposit protection check.
Key Takeaways
- Your tenancy deposit should usually be returned through the tenancy deposit scheme.
- If you agree with any deductions, the agreed amount should normally be repaid within 10 days.
- You don't have to accept deductions you believe are unfair.
- If you can't reach an agreement, you can usually use the tenancy deposit scheme's free dispute resolution service.
- If your deposit wasn't protected correctly, you may have additional legal rights, including the possibility of financial compensation.
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