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Return of your rent deposit
Once you’ve moved out of a rental property, getting your deposit back, without any unfair charges, will be high on your list of priorities. It can be a concern, especially if you’ve had trouble before with the landlord or letting agency.
How long does your landlord have to return your deposit?
Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.
If you’re in a dispute with your landlord, then your deposit will be protected in the tenancy deposit scheme (TDP) until the issue is sorted out.
This should help mediate the return of your deposit, so you can ask for its return in writing directly from them, rather than your landlord.
What can a landlord take from your deposit?
A landlord can take money from your deposit as compensation for unpaid costs.
When you first sign the tenancy agreement and move in, you’ll get an inventory of everything in the property. Including pictures or descriptions of any existing damage.
Landlords are responsible for the upkeep and maintenance of the property. They can’t take costs from your deposit for general wear and tear.
They can make deductions from your deposit for:
Unpaid rent
Any monies owed for rent will come from your deposit. The landlord should tell you of any shortfall in rent before it gets to this point. Make sure you have statements to prove your rent has been paid.
Damage you have caused
Such as a carpet stain or scrapes in paintwork.
Broken furniture or appliances
If you break or damage an appliance or furniture, you could be charged. They might stop working due to age, but the landlord can’t charge you in this case.
You can challenge deposit deductions
Here’s how to challenge a deduction from your deposit that you feel is unfair:
Talk to your landlord directly
This should always be the first port of call. Explain why you think a specific charge is unfair, in writing if possible. Keep a record of any conversations you’ve had with the landlord.
Raise it with the letting agency
Most landlords work with a letting agency, so get in touch if there’s a problem.
Speak to the tenancy deposit protection scheme provider
If your deposit is protected your TDP provider should offer a free service for disputes. If your landlord has not put your deposit into a tenancy scheme in time, they may be liable to pay compensation.
Legal action
If all other routes have failed, you may have to take legal action.
Head over to Shelter UK or Shelter Scotland to get free, unbiased advice about landlord disputes and tenancy deposits.
Tips for keeping your deposit intact
- Take a video or photos of the property once you move in and when you move out.
- Make a note of any wear and tear or damage that is already present before you move in. Send this when you first move in.
- Get a professional cleaning company in to do a thorough deep clean of the property before you move. Keep the receipt as proof!
- Replace items that you have broken yourself. Keep receipts for anything you’ve replaced to prove this.
- Pay rent in full and on time.
Check if your deposit is protected
It is a legal requirement for landlords to put deposits into a tenancy deposit protection scheme.
The scheme is to protect your deposit and make sure you get it back when the tenancy has expired. When you start your tenancy, your landlord should give you the relevant information within 30 days.
There are times where a deposit protection scheme is not needed, including a student living in halls of residence or a lodger. Unlike a tenant, a lodger will live in the same property as the landlord.
There are deadlines for when your landlord or agent must pay your deposit into a TDP;
- England – within 30 days of receiving your deposit.
- Northern Ireland – within 28 days of receiving your deposit.
- Scotland – within 30 days of tenancy starting.
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