If you're a renter in the UK, your housing deposit is protected by a tenancy deposit scheme. UK law requires that any deposits for short-hold tenancies that started after April 6th 2007 be held in an approved scheme.
These schemes offer you legal protection when it comes to getting your deposit back. Here’s everything you need to know about your deposit and your rights as a renter.
What is a tenancy deposit scheme?
A tenancy deposit scheme is a government approved organisation that protects tenant’s deposits in the UK. They offer either custodial protection (holding onto the deposit itself) or insured protection (where landlords hold onto the deposit but the scheme guarantees it).
In England and Wales your deposit can be protected by either the Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme. There are different approved services for tenancies in Scotland and in Northern Ireland.
Your rights as a tenant
You have certain rights regarding your deposit guaranteed and protected by your tenancy deposit scheme.
Your deposit must be returned to you provided you meet the terms of your tenancy agreement, don’t damage the property and pay your rent and bills
Your deposit must be placed in an approved tenancy deposit scheme within 30 days of receipt by your landlord or letting agent
Your tenancy must be returned to you within 10 days of you and your landlord agreeing how much will be returned
If you have concerns that your tenancy is not protected you should raise this with your landlord - if they do not provide information about the scheme they are using you can escalate the issue to County Court.
What can a landlord deduct from your deposit?
The charges your landlord can deduct from your deposit should be outlined in the deposit clause of your tenancy agreement. Typical deposit deductions include:
Professional cleaning if the property isn’t left in the same state it was when you moved in
Repairing damage that isn’t caused by normal wear and tear
Redecorating to revert any changes you made to the property
Replacing any missing items listed on the property inventory
Restoring the garden to its previous condition
Paying of rent arrears or unpaid utility bills
Your landlord must tell you why they are making any deductions from your deposit, and provide receipts for the payments when asked.
Get your deposit back when you move
We’ve published a complete guide to getting your deposit back when you move out here. Some simple things you can do when moving to make it easier to dispute any unfair deductions from your deposit are:
Check your move in inventory report on move in day. There shouldn’t be anything listed that isn’t present in the property, and any damage that was there before you arrived should be documented.
Take photos documenting the property and save them as dated files - be sure to show any damage clearly
Hire a professional end-of-tenancy cleaning service when you move out. Look for a service that offers a deposit-back guarantee.
If you disagree with a deduction to your deposit and you can’t resolve the issue with your landlord directly, reach out to your tenancy deposit scheme. They will assist you in disputing the charges and can help escalate the problem if necessary.
