Deposit not returned by your landlord?
Written by the RentingRights team, based on official GOV.UK guidance. Last reviewed: 2 June 2026.
If your tenancy has ended and your landlord is holding on to your deposit, you have strong rights. Tenancy deposits are tightly regulated in England, and a landlord cannot simply keep your money without good reason. Knowing the rules puts you in a strong position to get your money back quickly.
Your deposit must be protected
For most assured tenancies, your landlord must protect your deposit in a government approved tenancy deposit scheme within 30 days of receiving it, and give you the prescribed information about where it is held. The three approved schemes in England are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. If your landlord failed to protect the deposit, or failed to give you the prescribed information, you may be able to claim compensation of between one and three times the deposit amount, on top of getting the deposit back.
When the deposit should be returned
Once the tenancy ends and you and your landlord agree how much should be returned, the deposit must be paid back within 10 days. A landlord can only make deductions for genuine reasons, such as unpaid rent, unpaid bills, or damage beyond fair wear and tear. They cannot deduct for normal ageing of carpets, paint, or fittings, and they cannot charge you for problems that existed before you moved in.
Understanding fair wear and tear
Fair wear and tear means the normal deterioration that happens through everyday living. A faded carpet, small scuffs on walls, or worn door handles are usually fair wear and tear. Burns, large stains, or broken fittings may be damage. The longer you lived in the property and the more people used it, the more wear is considered reasonable.
What to do if it is not returned
Start by asking your landlord in writing for the deposit back and for an itemised list of any deductions they want to make. Set a clear deadline and keep a copy. If you disagree with the deductions, the deposit scheme that protects your money offers a free dispute resolution service. An independent adjudicator reviews the evidence from both sides and decides how much you should get. While the dispute is open, the money stays safe inside the scheme.
Gather your evidence
Collect the tenancy agreement, your check in and check out inventories, photographs, and any receipts. Photographs with dates are especially useful for showing the condition of the property when you left. The clearer your records, the stronger your case.
If the deposit was never protected
If the deposit was never protected, you can take the matter to the county court, where you may be awarded the deposit plus a penalty of up to three times its value. You do not need a solicitor to make this kind of claim, and the process is designed to be accessible.
For the official rules, read the GOV.UK guidance on tenancy deposit protection. You may also find our guide to challenging a rent increase helpful, or return to the RentingRights homepage for more free guidance.
Frequently asked questions
- How long does a landlord have to return my deposit?
- Once you and your landlord agree how much should be returned at the end of the tenancy, the deposit must be paid back within 10 days. If you cannot agree, the money stays protected in the scheme until the dispute is resolved.
- What can a landlord deduct from my deposit?
- A landlord can only deduct for genuine reasons such as unpaid rent, unpaid bills, or damage beyond fair wear and tear. They cannot deduct for normal ageing of carpets, paint, or fittings, and they must be able to justify every deduction with evidence.
- What happens if my deposit was never protected?
- If your landlord failed to protect your deposit in a government approved scheme within 30 days, you can apply to the county court. The court can order the deposit returned and award a penalty of between one and three times the deposit amount.
- Is the deposit dispute service free to use?
- Yes. Each government approved deposit scheme offers a free alternative dispute resolution service. An independent adjudicator reviews evidence from both sides and decides how much of the deposit you should get back.
- How do I prove damage is fair wear and tear?
- Compare your check in and check out inventories, supported by dated photographs. Fair wear and tear is the normal deterioration expected from everyday living, taking into account how long you lived there and how many people used the property.
- What evidence should I gather before claiming my deposit?
- Collect your tenancy agreement, check in and check out inventories, photographs, receipts for any cleaning or repairs you paid for, and copies of all messages with your landlord. Clear records make your case much stronger.
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Ask your question freeDisclaimer: RentingRights provides legal information only, not legal advice. This information reflects the law in England as of May 2026 and is sourced from GOV.UK under the Open Government Licence v3.0. Laws and guidance change, so always verify against current GOV.UK guidance before taking action. We are an independent service operated by Olivian Group Ltd and are not affiliated with or endorsed by the government. For advice on your specific situation, consult a qualified housing solicitor or contact Shelter on 0808 800 4444.