My Landlord Won't Return My Deposit — What Can I Do?

Your tenancy has ended. You've handed back the keys. And now your landlord is refusing to return your deposit — or deducting amounts that feel completely unjustified.

This is one of the most common disputes in the private rented sector. The good news is that UK law gives tenants strong tools to challenge unfair deductions and recover money that's rightfully theirs.

First: Was Your Deposit Protected?

Before anything else, check whether your deposit was protected in a government-approved scheme. Under the Housing Act 2004, landlords in England and Wales must:

• Register your deposit in an approved scheme within 30 calendar days of receiving it
• Give you the "Prescribed Information" — details of the scheme, how to raise a dispute, and your rights

The three approved schemes are Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS).

If your landlord failed to protect your deposit or failed to give you the Prescribed Information, they cannot serve a valid Section 8 eviction notice — and you may be entitled to compensation of one to three times the deposit amount through the courts, regardless of any deduction dispute.

Check which scheme your deposit is in at gov.uk/tenancy-deposit-protection.

What Deductions Are Landlords Allowed to Make?

Landlords can legitimately deduct for:

• Unpaid rent — rent genuinely owed at the end of the tenancy
• Damage beyond fair wear and tear — deliberate damage, or neglect that goes beyond normal use
• Cleaning costs — if the property was left in a materially worse state than at the start
• Missing items — if an inventory item is gone and wasn't there when you moved out

Landlords cannot deduct for:

• Fair wear and tear — normal deterioration from everyday use (scuffs on walls, worn carpet, faded paint)
• Pre-existing damage — anything that was already there when you moved in (this is why check-in inventories matter)
• Costs they haven't actually incurred — landlords must provide receipts or quotes for claimed costs
• Speculative amounts — "I think it'll cost £400 to fix" without evidence is not enough

The key phrase is fair wear and tear. A carpet that's eight years old wearing thin is not your liability. A carpet with a large burn hole from your candle is.

Step 1: Respond in Writing

When you receive a deduction claim, respond formally and in writing. Set out:

• Which deductions you accept (if any)
• Which you dispute, and why
• Request itemised evidence for each claimed cost (photos, receipts, quotes)

Keep everything in writing — text and email counts. Do not agree verbally to anything you don't accept.

Step 2: Raise a Formal Dispute With the Deposit Scheme

Every government-approved deposit scheme offers a free Alternative Dispute Resolution (ADR) service. This is a formal dispute process handled by independent adjudicators — you do not need a solicitor.

To raise a dispute:

1. Contact the scheme where your deposit is held (you'll find this in your Prescribed Information documents)
2. Submit your evidence: the check-in inventory, check-out inventory, photos, correspondence with your landlord
3. The adjudicator reviews both sides' evidence and makes a binding decision

The scheme will release the undisputed portion to you immediately. The disputed amount is held until the adjudicator decides.

Time limits matter: Most schemes require disputes to be raised within a set period after the tenancy ends — typically within three months. Don't delay.

Step 3: Small Claims Court (If the Deposit Wasn't Protected)

If your deposit was never registered in a scheme, the ADR route isn't available. Your options are:

• Negotiate directly with the landlord for return of the deposit
• Make a claim in the small claims court for the deposit amount plus up to three times the deposit as a penalty for non-protection

Claims under £10,000 can be made through the county court small claims track — the process is relatively straightforward and doesn't require a solicitor. You can start a claim at gov.uk/make-court-claim-for-money.

The Check-In Inventory: Your Most Important Document

The biggest factor in any deposit dispute is the check-in inventory. If it shows the property was in good condition when you moved in — with photos — and the check-out shows it in the same or better condition, deductions become very hard to justify.

If you didn't receive an inventory at the start of your tenancy, make a note of any existing issues in writing as early as possible and email it to your landlord — this creates a record.

What About the Tenant Fees Act 2019?

Since 1 June 2019, landlords and agents in England cannot charge certain fees — including excessive end-of-tenancy charges. Requiring you to use a specific professional cleaning company is prohibited. A general cleaning requirement is lawful; mandating a named company at inflated rates is not.

Practical Tips

• Return the property in the same condition (allowing for fair wear and tear) as when you moved in — use the inventory as your guide
• Take timestamped photos on your final day before handing back keys
• Get meter readings in case of utilities disputes
• Don't hand back keys until you're happy — once you've formally ended the tenancy, you lose leverage
• Keep all communications — email trails are your evidence

If Your Landlord Still Refuses

If ADR fails or the landlord won't engage, the small claims court is your final route. The process takes time, but for sums of a few hundred pounds upward it is usually worthwhile. Citizens Advice (citizensadvice.org.uk) and Shelter (shelter.org.uk) both offer free guidance on making claims.

Most disputes that go to adjudication are resolved without needing court — landlords who can't provide evidence of damage generally lose.

Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact Citizens Advice, Shelter, or a solicitor regulated by the Solicitors Regulation Authority.