Your deposit must be protected
If you rent an assured shorthold tenancy in England and pay a deposit, your landlord or agent must protect it in a government-approved scheme (the Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme) within 30 days of receiving it, and give you the prescribed information about where it is held.
If this is not done, you may have rights to challenge, so keep your payment records and ask your landlord for the scheme details.
How much can a deposit be?
Under the Tenant Fees Act 2019, a deposit is capped at five weeks' rent where the annual rent is below £50,000, and six weeks' rent where it is £50,000 or more.
What can be deducted, and what cannot
- Allowed, if you are responsible: unpaid rent, damage beyond fair wear and tear, missing items, and cleaning needed to return the property to the condition it started in
- Not allowed: ordinary fair wear and tear, such as light carpet wear or faded paint from age
- Landlords should be able to show the cost and evidence for each deduction
The evidence that protects you
- The signed check-in inventory, and any notes you made within the first days of the tenancy
- Dated photos and videos at move-in and again at move-out
- Receipts or invoices for cleaning and any repairs you arranged
- Messages and emails with your landlord or agent about the property's condition
On move-out day
- Clean the property to the standard of the check-in inventory, room by room
- Be present at the check-out inspection if you can, and take your own photos
- Return all keys and keep proof of the handover
- Give your forwarding address in writing
If there is a dispute
Once the deposit is protected in a scheme, you can raise a dispute through the scheme's free dispute resolution service if you cannot agree on deductions. Under the scheme rules, the undisputed part of the deposit should be returned promptly, so ask for it. Having dated photos and a record of cleaning makes your case much stronger.
Common questions
How long does a landlord have to return my deposit?
Under the scheme rules, once you and your landlord agree how much is returned, it should be paid back within 10 days. Check your scheme's guidance for the exact process.
Can my landlord deduct for normal wear and tear?
No. Fair wear and tear from normal use is not a valid deduction. Damage or dirt beyond that, if you are responsible for it, can be.
Would you rather we did it for you?
Ample Cleaners offers end of tenancy cleaning across Barking, Dagenham, Romford, Ilford and surrounding areas, with DBS-checked cleaners and a fixed price.