My landlord or letting agent won’t return my security deposit, what can I do?
Nearly a third of renters in the UK lose their deposit every year, totalling over £1 billion lost by Brits when moving out.
LANDLORDS seem to be able to give any reason under the sun to stop you from getting your deposit back.
If your deposit is properly protected and you’ve been a good tenant, then all of that deposit is yours by law.
The average renter in England and Wales paid £1,041 for their deposit last year.
Whilst those renting in London can expect to pay on average £1,750 towards a deposit.
Almost half of deposits were the same cost as a month’s rent but 40 per cent of renters had to pay more than a month’s rent to secure their deposits.
It’s a serious chunk of money that if properly protected, is every bit yours by law.
Here is how to get it back.
What is a security deposit?
A security deposit is a lump sum you pay your landlord when you first start your tenancy.
The money you give your landlord is needed in case you leave your tenancy early, can’t pay rent or damage the property.
If you paid your deposit after April 6 2007 then your landlord should have secured your deposit in a tenancy deposit protection scheme to protect your money.
If your deposit is protected like this it is called a tenancy deposit.
If you don’t rent your home on an assured shorthold tenancy your landlord can also take valuable items like a car or jewellery as a deposit, but these items won’t be protected by a scheme.
Is my deposit protected?
IF your deposit is protected it will be with one of these services, so always check with them to see which you need to speak to if you are having a disagreement with your landlord.
For England and Wales:
- – including deposits that were held by Capita
For Scotland:
For Northern Ireland:
Before you leave your tenancy
It seems obvious but do a big clean up, fill any holes and get rid of any blu tack left on your walls.
If you return the property to the condition it was in when you first started renting then you are more likely to get your deposit paid in full.
Get evidence of the condition of the property, take photos of everything in case your landlord claims you left the property in a state.
Get a check-out inventory of everything in the house including the condition carpets, walls and furniture.
Make sure your landlord signs this inventory so there is no doubt that you agree on the state of the property.
What can and can't your landlord take money off your deposit for?
KNOWING what your landlord can't take money out of your deposit for could save you a bundle.
Your landlord CAN take money out of your deposit for:
- Rent you might owe.
- Property you have damaged like marks on the walls or a coffee stain on the carpet.
- Something that you have lost or broken that were in the property when you moved in like cutlery or an ironing board.
Your landlord CAN’T take money out of your deposit for:
- Replacing something like an old carpet or paintwork that has naturally worn down with time.
- Fixing any problems like a leak which you told them about but they did not fix.
- Using your deposit money to decorate an entire room that just had some scuffs on the wall.
What to do if your landlord won’t return your deposit?
Your landlord should return you your deposit ten days after you finish your tenancy.
If you are still coming to an agreement with your landlord on how much you are owed at the end of this period your deposit will be held by your tenancy deposit scheme until you reach one.
If you can’t come to an agreement on price, a free Alternative Dispute Resolution (ADR) service will be able to help you both get what you want.
What if your landlord takes money out of your deposit that you think belongs to you?
If you don’t agree with the costs that have been taken out of your deposit you need to write to your landlord explaining which costs you don’t agree with.
When writing to your landlord you need to include:
- Which costs you think you shouldn’t have to pay
- Why you think the costs are unreasonable
- The amount of money you think should be in your deposit or returned to you
- If you didn’t get your landlord to sign an inventory, request for an itemised list of deductions and costs
- You also need to give your landlord a deadline to reply by.
Consider taking your landlord to court
Going to court should always be a last resort as it can be costly.
The court fees for trying to claim between £1,000 and £1500 in a small claims court is £80.
Those fees go up to £115 if you are claiming more than £1,500.
Over £3,000 you will have to pay £205 in court fees.
But, if you do want to take your landlord to court you need to send them a letter stating your intention to do so as well as the details of why you are.
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