Renting in England

How to get your deposit back

Your deposit is your money. A landlord can only keep part of it for a loss they can prove, such as unpaid rent or damage beyond fair wear and tear. Once you agree the amount, it must come back within 10 days. If you can’t agree, the deposit scheme’s free dispute service decides, and it is the landlord who has to show the deductions are justified.

England only · Checked against GOV.UK on 25 October 2026 · Independent, not a government service

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Getting your deposit back, step by step

Most deposits in England are protected in one of three schemes: the Deposit Protection Service (DPS), mydeposits or the Tenancy Deposit Scheme (TDS). How you get the money back depends a little on whether the scheme holds it (custodial) or the landlord holds it and insures it (insured). The information you were given within 30 days of paying says which.

1. Ask for it in writing: Email the landlord, or the agent if one manages the home, once you have moved out. Ask for the full deposit, or for any deductions to be itemised with how each was worked out. A dated email is your proof that you asked.
2. Agree the amount, then wait no more than 10 days: Once you and the landlord agree how much you get back, it must be returned within 10 days. With a custodial scheme, where the scheme holds the money, the scheme pays it within 10 days of both sides confirming the split.
3. Not paid, or no reply? Go to the scheme: With an insured scheme, where the landlord or agent holds the money, tell the scheme if you haven’t been paid within 10 days of asking. With a custodial scheme, if 14 days have passed since the tenancy ended and the landlord can’t be reached or hasn’t answered you within 14 days, you can apply to the scheme on your own.
4. Can’t agree? Use the free dispute service: Each scheme’s dispute service is free. An adjudicator decides on the written evidence from both sides, and the money stays protected until then. Act quickly: deadlines apply.

What a landlord can and can’t deduct

Deductions must be reasonable and cover money the landlord has actually lost. The deposit is not a fund for putting the home back to new.

Usually allowed

Unpaid rent.
Damage beyond normal use: a burn, a large stain, a broken item, holes from fixings you weren’t allowed to put up.
Cleaning, where you left the home dirtier than it was when you moved in.
Missing items that were on the inventory.
Replacement keys or fobs, if the agreement says so, at the landlord’s reasonable and evidenced cost.
Removing rubbish or belongings you left behind, and garden upkeep where the agreement made it your responsibility.

Not allowed

Fair wear and tear.
Repairs the landlord should have done anyway.
Redecorating a whole room because of a few minor scuffs.
The full cost of a new item to replace an old one (“betterment”).
Fees the Tenant Fees Act bans, such as a check-out fee or an inventory fee.
Anything they can’t evidence: deductions must be backed up.

Ask for each deduction in writing with how it was calculated, and for quotes or invoices where something has been repaired or replaced. What landlords can charge you.

Fair wear and tear, with examples

Fair wear and tear is the gradual deterioration that comes from ordinary living, and you can’t be charged for it. The schemes judge it by how long you lived there, how many people lived there (a family with children is allowed more wear than one person), and the age, quality and condition of each item at the start.

Wear and tear: not yours to pay: Small scuffs on walls, paint gently faded, curtains or furniture faded by sunlight, carpet worn or flattened where people walk, light marks on carpet.
Damage: may be deducted: An iron burn on the carpet, spilt nail varnish, large stains, broken or missing items, and a home left dirtier than it was at check-in.

Even where something is damage, an old item is worth less than a new one. A five-year-old carpet that was already worn when you arrived shouldn’t be replaced entirely at your cost: the DPS says adjudicators look at what the item was worth and how long it would have lasted, and may award a contribution rather than the full price.

The evidence that wins a deposit dispute

Adjudicators decide on paper, on the balance of probabilities. The landlord has to show you broke the tenancy and that it cost them money; you don’t have to prove a claim is wrong. Strong evidence on your side cuts a weak claim down fast.

The check-in inventory and any corrections you sent at the start. How to check an inventory at move-in.
Dated photos and video from the day you moved in and the day you left, room by room, with close-ups.
The check-out report, and your written response to anything in it you disagree with.
Emails reporting repairs during the tenancy: damage from a leak you reported isn’t your fault.
Receipts for cleaning or repairs you paid for before leaving.
Your bank records of rent paid, if arrears are claimed.

Upload everything when asked. The DPS gives each side 14 calendar days to send evidence and says it does not routinely ask for specific items, so anything missing may simply not be seen.

How to raise a deposit dispute, and the time limits

Try to settle with the landlord first; it is faster. If you can’t, raise a dispute with your scheme. It is free, and both you and the landlord have to agree to use it. Raise it promptly: Citizens Advice says a claim is usually expected within three months of moving out, and each scheme sets its own deadline.

Deposit Protection Service. Respond to the landlord’s claim online. Once in dispute you have 14 days for evidence, and DPS estimates about 44 days to a decision. The DPS dispute process.
mydeposits. For an insured deposit, ask the landlord or agent formally, wait 10 days, then raise a case within three calendar months of moving out. For a custodial deposit, start within 90 days of the release being started. How to raise a dispute with mydeposits.
Tenancy Deposit Scheme. Check the deadline in the information your landlord gave you, or on the TDS website, before it passes.

The decision is final, and you can agree a settlement at any point before it is made.

Small claims: the last resort

If the landlord won’t agree to the dispute service, or the deposit was never protected, the route is the county court. A claim under £10,000 normally goes to the small claims track. Send a letter before claim first, giving the landlord a deadline (usually 14 days) to pay. GOV.UK notes that writing to the landlord can be quicker and cheaper than going to court.

The court fee depends on the amount: on GOV.UK, from £35 for a claim up to £300 to £455 for a claim between £5,000 and £10,000. You may be able to claim it back if you win, and help with fees is available on a low income. An unprotected deposit is a separate claim for compensation of 1 to 3 times the deposit, on form N208, with a court fee of £387 on GOV.UK. Get advice from Citizens Advice or Shelter before you start.

How long does a landlord have to return a deposit?

Ten days from when you and the landlord agree how much you get back. Ask in writing as soon as you move out, so the clock has something to run from. With an insured scheme, if 10 days pass after you ask and you haven’t been paid, tell the scheme.

My landlord isn’t returning my deposit or answering me. What can I do?

Go to the scheme that protects it, named in the information you were given when you paid. GOV.UK says you can raise it with the scheme if you can’t contact the landlord, and that there may be a time limit. The Deposit Protection Service, for example, lets you start its single claim process 14 days after the tenancy ends, with a signed and witnessed statutory declaration.

Don’t know which scheme? Search all three.

Can my landlord charge for professional cleaning?

They can claim the reasonable cost of cleaning if you left the home dirtier than it was at the start, and they need evidence for it. They can’t make you buy a professional clean as a condition of the tenancy, and a full professional clean isn’t reasonable if the home wasn’t clean when you moved in.

Can my landlord charge for a new carpet?

Rarely in full. If you damaged it, the landlord can claim for the loss, but a deduction should allow for the carpet’s age and expected life. Replacing an old carpet entirely at your cost is what the DPS calls betterment: the landlord ending up better off than at the start.

Is the deposit scheme’s decision final?

Yes. Both you and the landlord have to agree to use the dispute service, and GOV.UK says the decision is final. You can still settle between yourselves at any point before it is made. If the landlord won’t agree to use it at all, the route left is the county court.

What if my deposit was never protected?

There is no scheme to complain to, so ask the landlord in writing and, if that fails, go to court. As well as getting the deposit back less any valid deductions, you can claim compensation: a court can order the landlord to pay 1 to 3 times the deposit. Citizens Advice says you can claim up to 6 years after the landlord broke the rules, during the tenancy or after it ends.

How to check, and what an unprotected deposit means covers the 30-day rule and how it affects eviction.

Can my landlord keep my deposit for unpaid rent?

Yes, unpaid rent is a legitimate deduction, and it is one of the most common. If you owe rent, expect it to come off. If you dispute the amount, a rent statement and your own bank records are the evidence that matters.

Where this comes from

On GOV.UK: tenancy deposit protection, disputes and problems, if your landlord doesn’t protect your deposit, Tenant Fees Act statutory guidance and court fees for money claims. On legislation.gov.uk: Schedule 10 to the Housing Act 2004. From Shelter: what your landlord can deduct, deposit compensation claims, and returns from custodial and insurance schemes. From Citizens Advice: getting your tenancy deposit back, if your landlord didn’t follow deposit rules and making a small claim. From the DPS: what makes a reasonable deposit claim, common dispute misconceptions and how long dispute resolution takes.

This guide covers common private tenancies in England and is general information, not legal advice. Different rules apply in Scotland, Wales and Northern Ireland, and to lodgers, social housing and some specialist accommodation. Scheme deadlines and processes are set by each scheme and can change; check yours before relying on a date. RenterCheck is independent and not connected with the government or the deposit schemes.

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