Getting your tenancy deposit back: Timelines, rules and what to do
In the UK, a tenancy deposit should be returned within 10 days after the tenancy has ended. During this time the landlord and tenant should agree on the final amount and if there are no proposed settlements for any damage, cleaning or unpaid rent, the full deposit must be returned. If no agreement can be reached, the resolution process provided by your tenancy deposit scheme is there to help.
How the tenancy deposit return process works
The process of getting your tenancy deposit back follows a standard structure designed to be fair to both parties. While every tenancy is different, the steps generally follow this order:
- Tenancy ends: The tenant moves out and returns the keys
- Check-out inspection: The landlord or an inventory clerk inspects the property by comparing it with the initial inventory
- Proposal: The landlord proposes any settlements or confirms the full amount will be returned
- Negotiation: The tenant agrees to any proposed settlements or challenges them with an explanation and/or evidence
- Agreement: Both parties agree on the final figure
- Repayment: The funds are released within 10 days
If no agreement is reached, the process moves to the resolution stage, where an impartial adjudicator decides how the deposit should be split.
When should the deposit be returned?
There is often confusion about the “10-day rule”. It does not mean you will definitely get your money back 10 days after moving out.
The law says that the deposit must be returned within 10 calendar days of the landlord and tenant agreeing on the amount to be returned.
For example, if you move out on the first of the month, but do not agree on the final deductions until the 20th, the landlord has until the 30th to make the payment.
What counts as “agreement” on deductions?
Agreement must be explicit. It usually takes the form of an email or written confirmation where the tenant clearly says they accept the landlord’s proposed settlements. Silence or a lack of response does not count as agreement.
If the deposit is protected in a custodial scheme (where the scheme holds the money), the tenant can log in after the tenancy has ended and the property is vacated to request the deposit return themselves. This triggers a notification to the landlord. If the tenant is unsure which scheme their deposit is in, they can use our deposit checker to find out.
Deposit return timeline (at a glance)
This timeline highlights the typical stages of a deposit return.
| Stage | Action | Typical timeframe |
| Move out | Tenant vacates property and returns keys | Day 0 |
| Inspection | Landlord or inventory clerk checks condition against inventory | 1-3 days post-tenancy |
| Communication | Landlord proposes settlements (if any) | Within 10 days of move out |
| Negotiation | Tenant accepts or challenges proposed settlements | Varies (days to weeks) |
| Agreement | Final amount agreed (ideally in writing) | Trigger point |
| Repayment | Money transferred to tenant | Within 10 days of agreement |
| Resolution (if needed) | If negotiation is unsuccessful, adjudication process starts | Can take 6–8 weeks |
Protect your deposit today
If you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days
What can a landlord deduct from the deposit?
Landlords can only propose settlements for financial losses caused by the tenant breaking the terms of the tenancy agreement. A deposit is not there to provide a general improvement fund.
Common lawful settlements include:
- unpaid rent or arrears
- damage to the property (e.g., broken furniture, holes in walls)
- missing items listed on the check-in inventory
- cleaning costs (if the property was returned cleaned to a lower standard than at the start)
Fair wear and tear vs damage
Landlords cannot charge for “fair wear and tear”. This refers to the gradual deterioration of a property that happens naturally over time.
- Damage: A red wine stain on a beige carpet, crayon marks on walls or doors
- Wear and tear: The carpet becoming slightly flattened or faded in high-traffic areas over a three-year tenancy
The length of the tenancy and the number of occupants are key factors. No landlord should expect a carpet to look brand new after a family of four has lived there for five years. For more detail on this, read our guide on fair wear and tear: what is it and how is it applied.
Cleaning claims and what evidence is needed
Cleaning is the most common cause that requires a formal resolution. The rule is simple, the property must be returned cleaned to the same standard it was in at the start of the tenancy.
- Start of tenancy: If the check-in report says “cleaned to a profession standard”, the tenant should return it to that standard to avoid any proposed costs
- End of tenancy: If the tenant leaves the property dusty or with rubbish, the landlord can claim the cost of hiring a cleaner to carry out the work
See our resolution case study on cleaning and landlord costs.
What to do if you disagree with a proposed settlement
If your landlord proposes settlements that you believe are unfair, you can challenge them.
- Ask for evidence
The landlord is responsible for proving his proposal is fair. Ask for an explanation and compare the check-in inventory and the check-out report. You can also ask for receipts or quotes for the proposed work. - Negotiate (in writing)
Initial conversations may be face to face or on the phone but it is a good idea to follow them up in writing. Keep a record of all emails. Be polite but firm. Point out discrepancies. For example, “The inventory says the scratch on the table was there when I moved in.” - Use the scheme’s service
If your negotiation is unsuccessful, you can use the Alternative Dispute Resolution (ADR) service offered by mydeposits. This is a free service that is an alternative to court.
Learn more about preparing your resolution evidence.
What if the deposit is not returned within 10 days?
If you have agreed on some proposed settlements which are less than the full deposit, and you have waited over 10 days for the remaining amount without payment, you should contact them in writing immediately. If they still do not pay, you may need to raise a dispute or contact the scheme who can help with the return.
Read our full guide on what to do if your deposit is not returned within 10 days.
What if the landlord is holding the deposit too long?
Sometimes a landlord will delay proposing deductions or simply go silent after a tenant moves out. This can leave tenants in a difficult financial position. There are specific steps you can take to force a response, including the “single claim” process in custodial schemes.
Find out more information here: How long can a landlord hold your deposit in the UK?
Deposit disputes explained (ADR and evidence)
When negotiation is unsuccessful, the tenancy deposit scheme’s ADR service can help. An impartial adjudicator reviews the evidence provided by both parties and makes a binding decision.
Key things to know about ADR:
- It is evidence based: The adjudicator relies entirely on photos, inventories, and receipts, but will not visit the property
- It is neutral: The scheme is independent and impartial
- It is final: Once a decision is made, it is binding on both parties
For a deeper understanding of how this works, read our guide to our dispute resolution service.
When is small claims court relevant?
Small claims court is generally considered a last resort. It is slower, more stressful, and will be more expensive than using the free dispute resolution service provided by tenancy deposit schemes.
You might need to use the court if:
- the deposit was not protected in a recognised scheme
- the claim value exceeds the limit of the ADR service (usually £50,000)
- the landlord refuses to engage with the ADR process
- you are claiming for compensation unrelated to the deposit amount (e.g., for harassment)
Checklists
To make moving out a little easier, we've put together some helpful tips for both tenants and landlords.
Tenant checklist before moving out
- Check the inventory: Review the check-in report so you know the original condition
- Clean thoroughly: Make sure all rooms, including ovens and windows, are cleaned to the required standard
- Take photos: Take your own dated photos of every room once you have emptied and cleaned it
- Return keys: Get a receipt or written confirmation that keys were returned on time
- Read our tenant’s guide to moving out
Landlord checklist before returning the deposit
- Inspect promptly: Conduct the check-out as soon as the tenant leaves
- Gather evidence: If proposing settlements, make sure you have the check-in report, check-out report, and valid quotes
- Communicate clearly: Send a breakdown of what you are proposing to the tenant, in writing, with an explanation of why and how you have calculated any costs
- Act fast: Once agreed, release the undisputed funds immediately to comply with the 10-day rule
- Read our advice for check-in and check-out
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.
Can a landlord keep my deposit for no reason?
No. A landlord must provide a valid reason for withholding any part of the deposit, such as unpaid rent or damage. They must also provide evidence to support their proposal if the tenant challenges it.
How do I know if my deposit is protected?
You should have received a deposit protection certificate (Prescribed Information) within 30 days of paying your deposit. You can check directly on the websites of the three government-authorised schemes: mydeposits, TDS, and DPS.
Can I stop paying rent so the deposit covers it?
No. A tenant is legally required to pay rent until the tenancy end date. A tenant should not withhold the last month’s rent in the expectation that the deposit will cover it, as this can lead to legal action.
What if the landlord ignores my emails?
If you have requested your deposit back and received no response for 10 days, you can raise a dispute with your deposit scheme. If your deposit is protected in a custodial scheme, you can start the “single claim” process.
Does the 10 day rule include weekends?
The legislation specifies “10 days”, which is generally interpreted as calendar days. However, bank transfers are typically processed on working days.
Can a landlord charge for professional cleaning?
A landlord can only charge for professional cleaning if the property was cleaned to a professional standard at the start of the tenancy and has not been returned cleaned to the same standard. It is about the standard and not the cost!
Who keeps the interest on the deposit?
In custodial schemes, if your deposit is held with mydeposits’ Custodial deposit protection scheme, you will earn interest from the day your deposit is protected. The interest is calculated daily at the current interest rate and will be available to you at the end of your tenancy once your deposit balance is £0. If your deposit is transferred to another provider, any accrued interest will also be transferred, but you’ll need to claim it back from the new provider. Alternatively, you can choose to donate the earned interest to Centrepoint, the UK’s leading youth homelessness charity, through your online account.
With insured-backed schemes, the landlord holds the deposit and typically keeps any interest unless the tenancy agreement says otherwise.
What is betterment?
Betterment is when a landlord ends up in a better financial or material position than at the start of the tenancy. For example, charging a tenant the full cost of a new carpet to replace an old, worn one is not allowed. The landlord must account for the age and condition of the original item.
Is there a deadline for landlords to claim damages?
Yes. Landlords should propose deductions as soon as possible after the tenancy ended. Most schemes require disputes to be raised within three months of the tenancy ending.
Can I appeal an adjudicator's decision?
No. The decision made by the scheme’s adjudicator is final and binding. There is no right of appeal through the scheme. The only way to challenge it is through a court of law. However, this does not apply to Jersey, Scotland, and Northern Ireland, as they all have their own appeal processes.
If you need to raise a formal dispute or check the status of your deposit, log in to your mydeposits account to get started.
If your deposit is not currently protected, now is the time to take action
If your tenant’s deposit is currently ‘unprotected’, now is the time to take action. Make sure you are compliant with your legal requirements and safeguard tenancy funds with mydeposits’ flexible protection schemes.
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