Getting your tenancy deposit back if you rent privately

This advice applies to England. See advice for See advice for Northern Ireland, See advice for Scotland, See advice for Wales

If you paid a deposit at the start of your tenancy, you have the right to get it back at the end. Your landlord or letting agent can only take money off if there’s a good reason - for example if you’ve damaged the property.

You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. If your home is managed by a letting agency, you'll need to contact them instead.

It's best to write or email when you ask for your deposit back - if you do, you'll have a record of when you asked for it.

If you and your landlord or letting agent agree how much you should get back, you’ll usually get the money within a couple of weeks.

Before you leave the property

It's a good idea to get evidence of the condition of the property when you leave in case you and your landlord disagree on how much deposit you should get back. The evidence will help you argue you should get all or most of your deposit back.

If possible, you should:

  • take photos of the property to show how it was when you left

  • get a check-out inventory and ask your landlord to sign it - this could include things like the condition of carpets and walls

Check if your landlord can take money from your deposit

Your landlord or letting agent can only take money from your deposit if there's a good reason. For example, they can usually take money off if:

  • you owe rent

  • you've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture

  • you've lost or broken some items from the inventory, like some cutlery or mugs

Your landlord or letting agent should tell you why they're taking money off. Ask them to give you their reasons in writing - that way you can refer back to them if you need to take action to get your deposit back.

Your landlord or letting agent can't take money from your deposit for 'reasonable wear and tear'. This means things that gradually get worse or need replacing over time, for example paintwork, or a piece of furniture.

Your landlord also can't take money from your deposit, for example, to:

  • replace a worn carpet with a new one if it's worn out gradually over time

  • fix any damage caused by a repair they didn't do when they should have, for example a leak you told them about that got worse and damaged the floor

  • decorate a whole room if there are a few scuff marks on a wall that have appeared while you've lived in the property

If your local council paid your deposit

You probably won't get any money back from your deposit if your local council paid it for you or guaranteed it in a bond scheme.

If your landlord takes money from your deposit for any damages or rent that's owed, your local council will have to pay it. You'll probably have to pay them back.

If you think you should get more of your deposit back

If you want more information about the money your landlord or letting agent wants to take from your deposit, ask them:

  • why they’re taking the money

  • how they worked out how much to take off your deposit

For example, if they've taken money off to replace something you damaged, you can ask to see a quote to prove how much the replacement cost.

If you still can't agree with your landlord, there are things you can do to get your deposit back.

The action you take against your landlord will depend on whether your deposit is protected in a tenancy deposit scheme (TDS). They must put your deposit in a TDS if you have an Assured Shorthold Tenancy.

If you're not sure if your deposit is protected, or you don't know what scheme your money is in, find out how to check your landlord has protected your deposit.

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