Save these settings. By law your landlord may retain part or all of your deposit under the following grounds only: Rent Arrears If at the end of your tenancy, there is rent outstanding, your landlord may legitimately retain part or all of your deposit to cover the arrears. Damage to the property above normal wear and tear Deductions may be made, or the deposit retained in full if there has been damage to the property above normal wear and tear.
Utility Bills If you owe money for utility bills, such as gas or electricity, and the utility bill is in the landlord's name, they may withhold part or all of the deposit to cover these costs. Sharing with the owner If you were renting a room s in a property where the landlord also resides this is known as a licence arrangement and the normal landlord and tenant laws do not apply. What to do If your landlord is refusing to return your deposit, you should request the prompt return of the deposit in writing.
Use the template letters in the Useful Downloads section on this page. If your landlord claims there are rent arrears, outstanding utility bills or that there has been damage to the property, you should request documentary evidence from your landlord to back up these claims.
If you are not successful in securing the return of your deposit, you can make a complaint to the Residential Tenancies Board RTB. If your landlord paid your deposit funds into a deposit protection scheme, you can ask them to refund your money.
This usually happens within 5 — 10 days following your request. You or your landlord can request the protection scheme to either:. If your landlord protected your deposit funds using an insurance based scheme, a tenancy deposit protection scheme cannot refund your money. Should your landlord refund your deposit with deductions, they should write to you to explain why they have done so. Reasonable examples for deductions include:.
Your landlord can also make deductions from your deposit for the cost of:. If your landlord does not explain any deductions they have made, you can ask for an explanation. If your landlord withholds all or part of your deposit, you may be able to take court action, but this should be a last resort.
If you held an assured shorthold tenancy and your landlord used a deposit protection scheme, you can consider court action. If your landlord did not protect your deposit, you can take them to court to claim:. If you held an assured shorthold tenancy, you may be able to claim compensation if your landlord broke tenancy deposit protection laws, including:. You'll usually get your money back in 10 days but it'll depend on your situation and what scheme your deposit is in.
Jim disagrees as he's already cleaned the flat so says he wants to use the ADR service. His landlord agrees to use the ADR service. He'll get the money back from either his landlord or the scheme - it'll depend on what scheme Jim's landlord used. The ADR service will then decide what happens with the rest of the deposit. Jim will have to accept their decision. You'll need to take your landlord to the small claims court to get your money back.
Going to court can be expensive and stressful. You'll have to pay court costs upfront - you might get them back if you win your case. Get help from your nearest Citizens Advice if you want to take your landlord to court to get your deposit back. Not everyone's deposit needs to be protected. It doesn't need to be protected if, for example, you're a lodger or a student in halls. Check your landlord has protected your deposit if you're not sure. If your deposit should be protected but isn't, you might be able to claim compensation of times the amount.
You'll also get your deposit back, though there may be money taken off for any damage you've caused or if you owe rent. You'll have to go to court to get any compensation but you'll probably win your case if your landlord should have protected your deposit. Find out more about getting compensation if your landlord didn't protect your deposit.
If you're not sure, you can find out if your landlord should have protected your deposit. You can also get help from your nearest Citizens Advice. If your deposit didn't need to be protected and your landlord refuses to give it back, you might have to take them to court. You'll have to pay court costs upfront but you might get them back if you win your case.
If you lose, you might have to pay your landlord's costs - this could be for things like travel expenses and court fees. As a charity, we rely on your support to help millions of people solve their problems each year. If your deposit is being held in a custodial scheme, you can request its return directly through the scheme. We will ask your landlord or agent to respond to the request, and if they agree we will process the payment quickly, usually within 2 working days.
If a landlord is using an insurance based scheme, once they receive your request of repayment they will then either repay the deposit or let you know what they intend to deduct for things like cleaning, damage or outstanding rent. If your landlord is seeking deductions to an issue with your tenancy, such as a cleaning issue, a decoration issue, or rent arrears, they should write to you and inform you of the amount they believe they are entitled to, and why.
If you are unclear what the deductions are for, you should seek clarity from your landlord or agent. If however you do not agree with the deductions or you cannot agree with the amount for the deductions, then you may need to use a dispute service.
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