Deposit not returned within 10 days in the UK: what to do
If your deposit has not been returned, it is important to know that the 10 day rule only applies after you and your landlord have agreed on the final amount to be repaid. If there is no agreement, no landlord can simply hold the money indefinitely. You must follow the formal resolution process. Your next step is to communicate in writing or start a formal dispute with your tenancy deposit scheme.
What is the 10 day deposit rule in the UK?
The 10 day deposit rule is a legal requirement under UK housing law for Assured Tenancies. It says that once a landlord and tenant agree on the amount of the deposit to be returned, the landlord or their agent must transfer the funds within 10 calendar days of that agreement.
This rule is a core part of the tenancy deposit scheme regulations and is designed to make sure tenants deposit is protected for the length of the tenancy and that they receive their money promptly once negotiations are complete. It applies whether the deposit is held in a custodial or insured backed scheme.
When does the 10 days start?
The clock starts on the date that both parties formally agree on the final figure to be returned. This is the most misunderstood part of the process. The countdown is not automatically triggered by the tenancy ending or the keys being returned. It is triggered by mutual agreement.
What counts as “agreement”?
An agreement must be explicit and ideally in writing. This usually means an email or a message where the tenant confirms they accept the proposed settlements, or where the landlord confirms they will be returning the full amount.
Silence does not equal agreement. If a landlord sends a list of proposed settlements and the tenant does not reply, there is no agreement, and the 10-day rule for payment does not yet apply.
It is good practice for any landlord to return any undisputed deposit amount as soon as possible.
Quick check before you escalate
Before considering formal resolution, be clear on the current position:
- Has the tenancy officially ended? You must have returned the keys and fully moved out of the property
- Has the check-out report been completed? The landlord and tenant need this to compare the property’s condition against the initial inventory and ahead of any negotiation
- Have any deductions been proposed? The landlord must provide a written breakdown of any proposed costs
- Is there written confirmation of agreement? Check your emails for a message where you and the landlord may have settled on a final figure
If you have a written agreement and 10 days have passed, your payment is late. If there is no agreement, you need to move to the resolution stage. Learn more about the timeline in our guide ‘How long does it take to get a tenancy deposit back in the UK?’
Step by step: What to do if your deposit is late
If you have an agreement and the 10 day window has passed, or if you cannot get a response from your landlord, follow these steps.
- Contact your landlord in writing: Send a polite email or letter reminding them of the agreement and that the 10 day payment deadline has passed. Ask them for an update
- State your position clearly: If the proposed settlements are the issue, reply to each of the landlord’s proposals with your response. For each item, say whether you agree or disagree, and why
- Provide your evidence: If you are challenging a proposal for cleaning, attach photos showing the property’s condition when you left. If you disagree with a damage proposal, refer to the original check in report. Our guide on getting evidence ready for negotiation or resolution can help
- Set a clear response deadline: In your communication, say that you expect a reply within a timeframe and suggest a reasonable date (or “in the next five working days”).
- Start the resolution process: If you are unable to reach an agreement or the landlord continues to be non responsive, your next step is to start a formal resolution through your tenancy deposit scheme.
What if the landlord or agent does not respond?
A non-responsive landlord can be frustrating. If you have sent follow up emails and received no reply, you have a clear path forward.
- Custodial scheme: If the scheme holds the deposit, you can start a ‘single claim’ process. You request the deposit be returned, and the scheme will contact the landlord. If the landlord remains non responsive with the scheme during the timeframe set (usually 14 days), the scheme may release the full deposit to you by default
- Insured-backed scheme: If the landlord, or his agent, holds the deposit, you must raise a formal resolution. The scheme will invite the landlord to participate in the Alternative Dispute Resolution (resolution process). Refusing to engage can have consequences for the landlord.
For a specific guide on this scenario, read our resolution case study on what to do when there is no response from the landlord.
Protect your deposit today
If you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days
Common reasons deposits refunds are delayed (and what to do)
To help resolve issues faster, be clear on the likely reasons:
- Cleaning disagreements: This is the most common contentious area when the tenancy ends. The rule is that the property must be returned cleaned to the same standard as at the start. Comparing both the your check in and check out reports should provide clarity on what may be reasonable
- Damage vs fair wear and tear: Landlords are responsible for normal ageing and understanding the difference is vital. Scuffed paintwork might be wear and tear, but a large hole in a door or a broken piece of furniture is likely to be damaged. See our guide on fair wear and tear
- Missing invoices: A landlord should provide invoices or quotes for repair work. If they do not, you can challenge the settlement proposal if it seems unreasonable
- Inventory gaps: Without a detailed check in and check out report for comparison, it is very difficult for a landlord to prove any deterioration. Our guide to inventories explains why
- Delays in getting contractor quotes: A landlord may be waiting for a quote to finalise costs. In this case, they should communicate this to you and return any undisputed part of the deposit without waiting
How the deposit dispute process works
If negotiation is unsuccessful, you can use the free Alternative Dispute Resolution service from your tenancy deposit scheme. This avoids the more costly option of court proceedings.
An impartial adjudicator reviews the evidence from both the landlord, or his agent, and the tenant. Their decision is based solely on the evidence provided and it is the landlord’s responsibility of providing the evidence to justify their claim. Key evidence includes:
- the tenancy agreement
- the check-in and check-out reports
- dated photos and videos
- invoices and receipts
- email communication where relevant
The adjudicator’s final decision is legally binding. For a full breakdown, see our guide to our dispute resolution service.
When is small claims court relevant?
Going to court is the last resort and should only be considered when other options have been explored. Formal resolution is faster, free, and less stressful.
You might need to consider small claims court if:
- your deposit is not protected in a government approved scheme
- your landlord refuses to use the scheme’s resolution service
- your claim involves issues that are outside the principles of the deposit protection
This guidance is for informational purposes and is not legal advice.
Checklists
To make moving out a little easier, we've put together some helpful tips for both tenants and landlords.
Tenant checklist
If your deposit return is delayed, make sure you have:
- evidence, including:
- a copy of your tenancy agreement
- the deposit protection certificate (Prescribed Information)
- the check in and check out reports
- dated photos/videos from the start and end of the tenancy
- all email correspondence with the landlord
- written your response:
- being calm and factual
- addressing each deduction individually
- referred to your supporting evidence
- avoided:
- making verbal agreements without a written follow up
- losing your temper in communications
- ignoring letters or emails from the landlord or scheme
Landlord checklist (to stay compliant)
To avoid delays and disputes, landlords should:
- provide a breakdown and evidence: Always send a clear, itemised list of proposed deductions with supporting evidence
- respond promptly: Respond to tenant communications quickly, even if you are waiting for quotes, and keep them updated
- return undisputed funds: If only part of the deposit is in dispute, return the rest within 10 days
- avoid holding funds without agreement: Never hold the entire deposit as leverage. Follow the rules for proposing settlements
Our comprehensive deposit return guide covers all landlord and tenant responsibilities.
- evidence, including:
FAQs
Navigating tenancy deposit rules can be tricky. Here are answers to some of the most common questions tenants have about getting their deposit back.
Does the landlord have to return the deposit in 10 days?
A landlord should begin negotiating any proposed settlements within 10 days of the tenancy ending and return any undisputed amount within 10 days of reaching an agreement with the tenant. It is good practice for landlords to return any undisputed amount as soon as possible
What if I never agree to the deductions?
If you and your landlord cannot reach an agreement, you must use the free dispute resolution service (ADR) offered by your tenancy deposit scheme. An impartial adjudicator will make a final decision based on the evidence.
Is the 10 day rule for calendar days or working days?
The law refers to 10 calendar days. However, you should account for bank holidays and weekends, as payments will only be processed on working days.
What if I never agree to the deductions?
If you and your landlord are unable to reach an agreement, you can use the free dispute resolution service offered by your tenancy deposit scheme. An impartial adjudicator will make a final decision based on the evidence provided by both parties.
What if the deposit is protected but still not returned?
If you have an agreement and the money has not been paid after 10 days, contact the landlord. If that is unsuccessful, contact your deposit scheme for help and consider using the resolution process.
Can I go straight to court?
You can, but the courts generally expect you to have used the free resolution service first. Going to court is slower, more expensive, and should be a last resort.
What evidence do I need to dispute proposed settlements?
The most important evidence is the tenancy agreement, the signed check in and check out reports, and dated photos or videos, invoices and relevant communications, from the start and end of the tenancy.
How long can a landlord legally hold a deposit if there's a dispute?
If a formal resolution is in progress, the contested amount is held by the scheme until the adjudicator makes a decision. The landlord should return any undisputed part of the deposit immediately.
What happens if a landlord ignores the dispute resolution service?
Where a landlord provides no evidence and does not engage with the resolution process, the adjudicator may make a decision based only on the evidence the tenant has provided. This often results in the full disputed amount being returned to the tenant.
If you have reached a stalemate with your landlord or they are non-responsive, the next step is to begin the formal resolution stage. To do this or check the status of your deposit, log in to your mydeposits account to get started.
Protect your deposit with mydeposits
If you’re a tenant, your deposit should be protected in a government approved tenancy deposit scheme. This helps keep your money safe and makes sure there’s a fair process if any disputes arise at the end of your tenancy.
If you’re unsure whether your deposit is protected, ask your landlord or letting agent for confirmation. You can also use our checker service to find out quickly and easily.
If your deposit isn’t protected, it’s important to raise this with your landlord as soon as possible. Protection is a legal requirement, and it gives you access to free, impartial dispute resolution if needed.
With mydeposits, you can feel confident that your deposit is secure, with clear processes, expert support, and a trusted system in place to help protect your rights.
Find out more about how your deposit is protected and what it means for you today.