Short answer
A deposit is your money held as security. When the tenancy ends, the landlord must return it, less any amounts the law allows to be deducted, within 10 days of you both agreeing how much is owed.
Deductions normally have to be for unpaid rent or for damage beyond ordinary wear, and the landlord should be able to show what they are for.
1 The rule
The Tenancy Deposit Schemes regime requires landlords in England and Wales to protect a deposit in an approved scheme within 30 days of receiving it, and to return it within 10 days of agreeing the final amount. The following statute is the main authority.
"…the landlord must repay the deposit, or the agreed balance of it, within 10 days of the date on which the parties reach agreement on the amount to be repaid."Read the official text
Your lease can add detail, but it cannot take away rights the statute gives you. See contract and statute in the glossary.
2 What you can do now
- Find the end date of the tenancy
The time for returning the deposit usually runs from the day you handed back the keys.
- Read the deposit clause in your lease
Note the amount paid, and anything it says about deductions.
- List what the landlord says was deducted
Ask for the reasons and amounts in writing if you do not have them.
- Work out what you believe is owed
Deposit paid, minus deductions you accept. Late-payment interest may be added.
3 When this does not apply
- You still owe rent or bills that are larger than the deposit.
- You rent a room in the landlord's own home, or a business space. Different rules often apply.
- The tenancy has not ended yet.
4 Common questions
What counts as ordinary wear?
Ordinary wear and tear is the normal deterioration that happens through everyday use — scuffs on skirting boards, faded curtains, minor carpet wear in high-traffic areas. A landlord cannot deduct for these. They can deduct for damage caused by negligence, misuse or deliberate acts, such as burns, holes in walls, or stains that go beyond normal use.
Can the landlord keep the deposit as the last month's rent?
Not unless your tenancy agreement explicitly says so. A deposit and rent are legally separate. If your agreement does not allow this and the landlord keeps the deposit to cover rent, you may still be owed it separately — and you may also owe the rent.
What if there was no written lease?
The deposit protection rules still apply if you paid a deposit, even if the tenancy was oral. You should be able to show payment through a bank transfer or receipt. If the landlord did not protect the deposit in an approved scheme, they may owe you a penalty of up to three times the deposit amount.
Sources