England & Wales · Tenancy deposits

Deposit disputes in England and Wales: rules, deadlines and evidence

If your landlord or agent wants to keep part of your deposit, you don't have to accept it. Every protected deposit comes with a free dispute service, and it is decided on evidence.

Maximum deposit

Five weeks' rent if the annual rent is under £50,000; six weeks' rent if it's £50,000 or more.

Protection

Within 30 days of receiving it, in a government-approved scheme: Deposit Protection Service, mydeposits or Tenancy Deposit Scheme.

Return

Within 10 days of you and the landlord agreeing how much you get back.

If you disagree

The deposit stays protected, and the scheme's free dispute service decides.

These rules apply to assured shorthold tenancies in England and Wales. Scotland and Northern Ireland have their own schemes.

What landlords commonly deduct

Cleaning is the single biggest cause of disputes: it appears in over half of Tenancy Deposit Scheme cases. Other common deductions are damage beyond fair wear and tear, unpaid rent, and items missing from the inventory.

How the dispute service decides

An adjudicator compares the property's condition at check-in and at check-out, using the evidence both sides send. Vague claims lose to clear, dated evidence. That means:

• A check-in inventory, with your own dated photos of anything it misses or gets wrong.
• Check-out photos of the same views, taken after cleaning.
• Written communication with your landlord or agent about the deposit.

What to do now

1. Ask which scheme holds your deposit

Your landlord must tell you. You can also search each scheme's website.

2. Ask for the deposit back in writing

Ask for a list of any proposed deductions with reasons and evidence.

3. Raise a dispute if you can't agree

Open a dispute with the scheme and submit your photos and inventory. The service is free.

Sources: GOV.UK: Tenancy deposit protection · Tenant Fees Act 2019 · NRLA: lessons from TDS adjudicators. General information, not legal advice.