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Getting Your Deposit Back

When you move out of a property, you will want to get your deposit back.

What can my Landlord deduct money for?

The deposit is your money and the landlord will need to provide reasons and evidence to support any deductions. They only make deductions that have been stated in your housing contract.

Examples of expenses outlined in the contract could be could be:

  • the cost of removing rubbish from in or outside the house
  • any outstanding rent
  • the cost of replacing keys if you don’t return all sets
  • re-decoration costs, for example, if a room’s been painted without permission
  • the cost of cleaning the property to return it to a 'lettable' condition
  • repairing damage to fixtures and fittings like furniture or carpets
  • repairing damage to the property, for example, broken windows
  • the landlord can make additional charges if there are specific clauses in your contract such as administration charges for late rent

A landlord has to show what it has cost them to get the property back to a rentable standard. The expenses must be reasonable, and the landlord must show you the invoices or receipts.

The landlord can’t charge for 'fair and wear' throughout the tenancy. This is the natural depreciation of things like carpets and decor which may need replacing after a certain length of time, however minor day to day damage like stains, or marks on the wall are not fair wear and tear.


Common Problems

Most problems are disagreeing about the amount of deductions and/or your landlord ignoring attempts to question why money has been deducted. If your landlord hasn’t returned all or part of your deposit, they need to give you evidence to prove why. If you had a joint tenancy contract, money your housemates owed could be deducted from your share of the deposit too. 

If you don’t agree with the deductions you only have three months from the end of your contract to raise a dispute with the tenancy deposit scheme- so get cracking. LUU advice can help to go through the deductions with you, or gather the evidence you’ll need.

The first thing to do is talk to your landlord and let them know you either haven’t got your deposit back or think the deductions aren’t fair. Remember to backup your conversation with evidence. Confirm the discussions you had in writing after the talk.

If this doesn’t work, get your points across in writing and request that they get back to you within seven days.

If you still can’t get a response, open a dispute with the scheme your deposit is protected in. You’ll need to register the dispute within the three months of your contract ending. So even if you’re still waiting on info from your landlord, raise a dispute as soon as possible.

You can find out details of the schemes and guidance on checking which one your deposit has been protected with on this page from Shelter https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected 


How to raise a dispute

The three schemes have slightly different processes. You can find out about them and check if your deposit is protected here

Deposit protection service (DPS) - https://myaccount.depositprotection.com/#tenancy/checkDepositStatus

My Deposits - https://www.mydeposits.co.uk/tenant/

Tenancy Deposit Scheme - https://www.tenancydepositscheme.com/is-my-deposit-protected


It is the landlord's responsibility to prove that deductions are reasonable, rather than your responsibility to show they are not - but the more evidence you can provide to show your side of the case the more likely the scheme will be to find in your favour.

Make sure you have photos showing any issues present at the start of the property so the Landlord cannot claim for this, and photos of when you leave showing the property is clean and in good condition.

Make sure you keep any communication, particularly if these relate to disrepair and other issues you have reported.

If you have any rent arrears these will also be deducted from your deposit. If you have rent arrears due to using rent to pay for repairs, you may need to challenge any deposit deductions in court.

If you need any help, pop into LUU Advice to see us.


If you live in University Accomodation

The majority of problems in University accommodation is the amount of deposit returned or any charges you incur for common areas (e.g. kitchen) that you may not agree with. If you disagree with any charges, or you think they have charged you too much, write to University Accommodation and explain why. Remember to include evidence. To challenge charges for common areas e.g. kitchen cleaning, you would need to show why this shouldn’t be taken from your deposit e.g. if you can show you were not in the residence at the time.

It’s also worth noting that the University has to replace any damage caused from their list of approved suppliers and contractors so this could make it more expensive.

If you’re not happy, or need more help, pop in and see us at LUU Advice. We’re separate to the University so we can represent you independently.