If your landlord takes money from your deposit for any damages or rent that's owed, your local council will have to pay it. You'll probably have to pay them back. Your landlord can't take unreasonable amounts of money from your deposit. They should tell you why they're taking money off - if they don't, ask them. It's best to get your landlord's reasons in writing if you can - that way you can refer back to them if you need to take action to get your deposit back.
Ask them for more information about the money they're taking from your deposit if it's not clear. For example, if they've taken money off for decorating, you can ask to see a quote from the decorator to prove how much the work cost. The action you take against your landlord will depend on whether your deposit is protected in a tenancy deposit scheme TDP - most deposits should be. 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 landlord has protected your deposit.
You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. It can take a lot longer if you and your landlord disagree on the amount that's being taken off. You can use your scheme's 'alternative dispute resolution' ADR service to help you get your deposit back. You'll usually have to make your claim within 3 months of moving out of the property.
Check your scheme's website to find out how to use their ADR service. You'll need to fill in a form to explain why you think you should get your deposit back. You should give any evidence you have, for example:. Then they'll decide how much money you should get back. They'll make a decision within 28 days of getting evidence from you and your landlord. You'll get an email or letter within 10 days of the decision. If you have a joint tenancy, the ADR service will write to the person who made the claim.
The ADR service will explain how you'll get any money back that's owed to you. You'll have to accept whatever the ADR service decides - you won't be able to challenge it. If you're only disputing part of your deposit, you'll get the rest of your money back straight away. Although it will cost you some time, it may be worth it if you need the funds right away or if it's a large check that just can't wait.
Depending on the amount of the check, you may have access to the full amount in two days. Some banks make a portion of the check available immediately or within one business day. The bank may be likely to clear checks right away if you have a consistent history with a certain payer. Say, you're a freelancer and receive checks every other month for work you do for that company. The bank may hold the initial check to make sure it clears.
If you let them know you are expecting similar checks from the same company on a regular basis, the bank may release the funds to you for subsequent deposits after a pattern is established. It bears mentioning again that large deposits may come with longer hold time. The number of days the bank holds these checks depends on your relationship with the institution.
You're more likely to get the money immediately—or within fewer than 10 days—if you have a healthy account balance and no history of overdrafts. A history of overdrafts and low account balances may mean you'll have to wait the full 10 days to receive the money. Checking Accounts. Debt Management. Actively scan device characteristics for identification.
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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 can make a claim for compensation even if your landlord has returned part or all of your deposit. If your landlord is not complying with their legal obligations, you can seek help by contacting the deposit protection service, with which your deposit has been secured. Each of the three government-backed tenancy schemes have their own dispute processes, which you can follow.
If you sign an assured shorthold tenancy agreement, your landlord is liable to protect your deposit. To check if your deposit is protected, you will need to supply:. If you are a student living in halls or a lodger, your landlord is not obliged to protect your deposit. Residents Login. How long does a landlord have to return a deposit?
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