Renting an accommodation? Everything you need to know about Deposits!

Deposit Protection: 

If you rent in private accommodation whilst studying your Landlord/Letting Agent must put your deposit in a government-approved tenancy deposit scheme (TDP). 

By law, deposits in England are limited to no more than five weeks' rent.  

If you meet the criteria of being on an assured shorthold tenancy that started after 6 April 2007 in England and Wales, your deposit can be registered with: 

• MyDeposits  

• Tenancy Deposit Scheme   

• Deposit Protection Service 

These schemes will ensure you’ll get your deposit returned if you: 

• Meet the terms of your tenancy agreement 

• Do not damage the property 

• Pay your rent and bills  

Holding deposits 

If you have been requested to pay a holding deposit, Your Landlord / Letting Agent does not have to protect it (money you pay to ‘hold’ a property before an agreement is signed). Once you become a tenant, the holding deposit becomes a deposit, which they must protect. 

Once you pay your deposit: 

Your tenancy agreement will state whether your Landlord or Letting Agent is responsible for your deposit.  

Your landlord or lending agent must put your deposit into the scheme within 30 days of receipt. 

Once your deposit has been paid, your Landlord or Letting Agent has 30 days to tell you: 

• The address of the rented property 

• The deposit amount you’ve paid and where it is protected (prescribed information of the deposit scheme) 

• The name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service 

• Landlord or Letting Agent name and contact details 

• The name and contact details of any third party that’s paid the deposit 

• Why they would keep some or all of the deposit 

• How to apply to get the deposit back 

• What to do if you cannot get hold of the Landlord/Letting Agent at the end of the tenancy 

• What to do if there’s a dispute over the deposit 

• Your Landlord / Letting Agent must use a TDP scheme even if your deposit is paid by someone else, such as a rent deposit scheme or your parents. 

At the end of your tenancy: 

Getting your tenancy deposit back if you rent privately 

If you paid a deposit at the start of your tenancy, you have the right to get it back at the end. Your Landlord or Letting Agent can deduct money off if there’s a good reason - for example if you’ve damaged the property. 

When contacting your Landlord / Letting Agent – we advise to email when you ask for your deposit back - if you do, you'll have a record of when you asked for it. 

Your Landlord / Letting Agent must return your deposit within 10 days of you both agreeing how much to receive back if they are wishing to make a claim.  For example, they can request a deposit claim for: if you owe rent. you've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture. 

If you’re in a dispute with your Landlord/Letting Agent, then your deposit will be protected in the TDP scheme until the issue is resolved. 

Before you leave the property 

It's a good idea to get evidence of the condition of the property when you leave in case there is a disagreement in the deposit return amount. The evidence will help you argue against a claim from your deposit. 

If possible, you should: 

• Take photos of the property to show how it was when you left 

• Get a check-out inventory and ask your Landlord /Letting Agent to sign it - this could include things like the condition of carpets and walls 

Check if your Landlord/Letting Agent can take money from your deposit 

Your Landlord or Letting Agent can only take money from your deposit if there's a good reason. For example, they can usually take money off if: 

• You owe rent 

• You've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture. 

• You've lost or broken some items from the inventory, like some cutlery or mugs. 

They should tell you why they're taking money off. Ask them to give you their reasons in writing - that way you can refer back to them if you need to take action to get your deposit back. 

They can't take money from your deposit for 'reasonable wear and tear'. This means things that gradually get worse or need replacing over time, for example paintwork, or a piece of furniture. 

Your Landlord /Letting Agent also can't take money from your deposit, for example, to: 

• Replace a worn carpet with a new one if it's worn out gradually over time 

• Fix any damage caused by a repair they didn't do when they should have, for example, a leak you told them about that got worse and damaged the floor 

• Decorate a whole room if there are a few scuff marks on a wall that have appeared while you've lived in the property 

If you think you should get more of your deposit back 

If you want more information about the money your Landlord or Letting Agent wants to take from your deposit, ask them: 

• Why they’re taking the money 

• How they worked out how much to take off your deposit 

For example, if they've taken money off to replace something you damaged, you can ask to see a quote to prove how much the replacement cost. 

If you still can't agree with them, there are things you can do to get your deposit back. 

The action you take against them  will depend on whether your deposit is protected in a tenancy deposit scheme (TDS). They must put your deposit in a TDS if you have an Assured Shorthold Tenancy. 

If you're not sure if your deposit is protected, or you don't know what scheme your money is in, find out how to check your deposit is protected.