How to get your deposit back

This guide explains the circumstances in which deductions may be made from your deposit and how you can challenge any deductions you consider are unreasonable or excessive.

You are expected to return the property in the same condition as at the start of the tenancy, though some damage caused by fair wear and tear is permitted (see Landlords cannot make deductions for ‘fair wear and tear’ below)

Your landlord or letting agent will most likely arrange to visit and carry out an inspection.  You should try to make sure the property is in the same condition and state of cleanliness as at the start of the tenancy.  Refer to any inventory or check-in report as a guide.  This could include:

• replacing any damaged or missing or items
• repairing any damage you have caused
• cleaning the property to the same standard as at the start of the tenancy
• tending the garden, if there is one
• disposing of any rubbish

Check the tenancy contract to see what the deposit is intended to cover. In general, it is reasonable for deductions to be made from the deposit to cover unpaid rent, any cleaning costs or any damage caused wilfully or negligently by the tenant and any guests. If your rent is inclusive of bills the contract may also allow the landlord to deduct money from the deposit if your bills exceed any agreed cap.

When considering whether any proposed deductions are reasonable, you should consider the following:

Landlords cannot make deductions for ‘fair wear and tear’

Fair wear and tear refers to any damage that has been caused through normal use or ageing. A landlord’s carpets, curtains, furniture and fittings will all suffer a certain amount of damage by fair wear and tear, for example if items break or become damaged through normal use or if a carpet becomes more worn simply by walking on it. 

Landlords should avoid ‘betterment’ and should apportion the costs of replacing damaged items

The landlord should ensure that any deductions do not put them in a better position than at the commencement of the tenancy.  Where an item is lost or damaged beyond economical repair it may be appropriate for a landlord to replace it, but the costs of any replacement should be apportioned between the landlord and the tenant(s) considering the age, condition and useful lifespan of the replaced item. 

Deductions for cleaning costs

As a general rule, you are obliged to give the property back to the landlord in the same state and condition as at the start of the tenancy, fair wear and tear excepted, and you may be liable to pay any reasonable charges for cleaning if you fail to comply with this.  Any clause in your tenancy contract that states you must pay for professional cleaning at the end of the tenancy is most likely not legally binding, though if the property was given to you cleaned to a professional standard it is your responsibility to give it back in the same condition.  In any dispute about cleaning costs, landlords will be expected to show evidence of the conditions and cleanliness of the property at the start and end of the tenancy, for example by setting out the conditions in the inventory or check-in report and in the check-out report. They will also need to show that any charges are reasonable. If you carry out any cleaning, it is advisable to keep records and receipts where appropriate. 

Useful resources:

There are various helpful guides produced by the deposit protection schemes regarding deposit disputes and deductions, including these:

DPS: https://www.depositprotection.com/learning-centre/disputes/in-disputes-be-fair

Mydeposits: https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Rules-of-Claiming-for-Deposit-Deductions.pdf

If the landlord or agent has protected your deposit within one of the insurance-based tenancy deposit schemes you should receive the deposit directly from the landlord or agent within 10 days of both parties agreeing any deductions.

If the deposit is protected within one of the custodial schemes both the landlord and the tenant should log-in to the deposit protection account and confirm the amount to be refunded.  The scheme will then return the money to you.

For more details about tenancy deposit schemes see our guide on Deposits.

If your landlord or agent is required to protect your deposit within a deposit scheme and has failed to do so correctly you should get advice.

If you disagree with any proposed deductions, you can dispute how much of the deposit the landlord can keep. 

If your deposit is protected within a tenancy deposit scheme you should follow the guidance provided by the relevant deposit protection scheme on how to raise a ‘dispute’.   Generally, you will be expected to discuss the proposed deductions and try to reach agreement with the landlord, but if this is not possible the deposit scheme offers a dispute resolution service, often referred to as Alternative Dispute Resolution (ADR), as it is an alternative to using the county court. The tenancy deposit protection scheme will keep hold of any disputed amount until both you and the landlord or letting agent have come to an agreement or until the dispute is decided.

If you or your landlord object to using ADR to resolve the dispute, or if your deposit is not protected within a tenancy deposit scheme, for example because your landlord or agent has failed to protect the deposit as required or you live with a resident landlord, your dispute will have to be resolved in the county court.

Please always use the University webpages as a first point of reference. If you require more guidance or information that is not covered in the webpages contact the Student Advice and Support Services. 

Last updated: 18th August 2023