Property Deposit Recovery
Landlord keeping your deposit? Get back what you're owed.
Reviewed by Sannah Khatoon — Litigation & Housing Disrepair Solicitor, SRA #654258 (Admitted 2018). Last reviewed 15 September 2026.
Your deposit has to be protected in a government scheme and can only be kept for genuine, evidenced reasons. We challenge unfair deductions, and if it was never protected you could be owed up to three times the amount back.
Your rights and the law
Deposit money is protected by law, not just by the tenancy agreement. For an assured shorthold tenancy, the landlord must protect your deposit in a government-approved scheme (Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme) and give you the 'prescribed information' about it, generally within 30 days of receiving it (Housing Act 2004, ss.213–214). If they don't, the county court can order the deposit returned and order the landlord to pay you between one and three times its value. Deductions at the end of the tenancy can only be made for genuine, evidenced reasons — unpaid rent or damage beyond fair wear and tear — not for ordinary ageing of carpets, paint or fittings. Failing to protect the deposit can also make a Section 21 eviction notice invalid, so a deposit problem is often worth more than the deposit itself.
How we can help
- Disputing unfair deductions
- Unprotected deposit penalties (up to 3x the deposit)
- Deposit scheme adjudication support
- County Court claims where needed
How the process works
- Check protection. We confirm whether your deposit was protected in an approved scheme and whether you were given the prescribed information — and by when.
- Challenge the deductions. For unfair deductions, we use the scheme's free dispute (adjudication) service, presenting your check-in/out evidence to get money wrongly withheld returned.
- Claim the penalty. Where the deposit was never protected or the information wasn't given, we bring a county court claim for its return plus a penalty of one to three times the amount.
- Enforce the result. If the landlord ignores an award or judgment, we take enforcement steps so you actually recover what you're owed.
Evidence that helps your case
- Your tenancy agreement and the amount of deposit paid
- Proof of deposit protection and the prescribed information (or its absence)
- The check-in inventory and check-out report
- Dated photos of the property at the start and end of the tenancy
- The landlord's list of proposed deductions and any receipts they rely on
We work on a transparent fixed-fee basis for most housing matters, so you'll know the cost up front — and where a case can be run on a no win, no fee agreement (a CFA, usually with After the Event insurance), we'll explain whether that fits your situation. For urgent help, call 0203 051 7823.
Frequently asked questions
My landlord won't return my deposit — what can I do?
Your deposit has to be protected and can only be withheld for real, evidenced reasons. If it's being kept unfairly we help you get it back through the scheme's free adjudication service, and if it was never protected you may be owed one to three times the deposit through the county court.
How long does a landlord have to protect my deposit?
For an assured shorthold tenancy the landlord must protect the deposit in a government-approved scheme and give you the prescribed information, generally within 30 days of receiving it (Housing Act 2004). Missing that deadline exposes them to a penalty even if they protect it late.
What can a landlord legally deduct from my deposit?
Only for genuine, evidenced reasons — unpaid rent, unpaid bills, or damage that goes beyond fair wear and tear. They can't charge you for the normal ageing of carpets, décor and fittings, and they must be able to prove any deduction with an inventory, photos or receipts.
What is 'fair wear and tear'?
It's the gradual, reasonable deterioration that comes from living in a property normally — faded paint, worn carpet in walkways, small scuffs. A landlord can't deduct to put those right. Genuine damage, like a burn, a broken door or a stain from misuse, is different and can be charged for.
How much can I claim if my deposit wasn't protected?
The court can order the deposit returned and require the landlord to pay you an additional one to three times its value. Where the tenancy was renewed several times without protection, more than one penalty can apply. The exact multiplier is at the court's discretion based on how serious the breach was.
Does an unprotected deposit affect a Section 21 eviction?
Yes. If your landlord didn't protect the deposit or give you the prescribed information, they generally can't rely on a Section 21 notice to evict you until they've returned the deposit. A deposit failure can therefore be a defence to a no-fault eviction as well as a claim in its own right.
Sources & further reading
- Housing Act 2004, s.213 (deposit schemes)
- Housing Act 2004, s.214 (proceedings and penalty)
- GOV.UK — Tenancy deposit protection
This page is general information about the law in England & Wales, not legal advice. Legislation and figures can change — for advice on your circumstances, contact us. Authorised and regulated by the Solicitors Regulation Authority.