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Housing & Tenancy

Landlord Refusing to Return Your Deposit?

Landlords must return your deposit within 10 days of agreeing deductions — and they can only deduct for specific, evidenced reasons. If your landlord is withholding your deposit unfairly, you have strong legal rights and practical options to get it back.

iRaise a dispute within the scheme's timeframe
What This Means

In plain English

All deposits for assured shorthold tenancies (the most common tenancy type) must be held in one of three government-approved schemes: the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS). Landlords can only deduct for genuine damage beyond 'fair wear and tear', cleaning if the property was returned dirty, unpaid rent, or breach of tenancy terms. They cannot deduct for general wear and tear, pre-existing damage, or vague claims without evidence. Every scheme has a free, independent dispute resolution service. This is far simpler and faster than going to court.

Action Plan

What to do right now

1

Find out which scheme holds your deposit

You should have received a certificate within 30 days of paying your deposit. If not, check the three scheme websites (DPS, MyDeposits, TDS) using your tenancy details.

2

Respond to the landlord's deductions in writing

Ask for a written, itemised breakdown of all deductions with supporting evidence (photos, receipts). Challenge any you disagree with in writing.

3

Raise a dispute with the scheme

All three schemes offer free Alternative Dispute Resolution (ADR). This is much faster than court and the decision is binding. You typically have a window to raise a dispute — check the scheme's rules.

4

Gather your own evidence

Check-in and check-out inventory reports, photos from both the start and end of tenancy, receipts, and any communications with the landlord about the property's condition.

5

Use the courts as a last resort

If the deposit wasn't protected at all, you can sue your landlord in the County Court for 1-3 times the deposit amount as a penalty, plus the deposit itself. This is a strong right often not used.

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Common Questions

Frequently asked questions

What is 'fair wear and tear'?

Fair wear and tear is the normal deterioration of a property through everyday use — scuffs on walls, carpet fading, minor marks. Landlords cannot charge for this. They can only deduct for damage beyond normal use.

What if my deposit wasn't protected?

If your landlord failed to protect your deposit or didn't give you the prescribed information, you can claim 1-3 times the deposit amount as compensation through the courts, in addition to the return of the deposit.

How long does the ADR process take?

The scheme ADR process typically takes 4-8 weeks from submission to decision. This is far faster than County Court proceedings, which can take months.

Can my landlord charge for professional cleaning?

Only if the property was genuinely not cleaned to the standard required by the tenancy agreement, and the property was clean at the start. They cannot charge for professional cleaning if you returned it in the same condition you received it.

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