How to get your tenancy deposit back in England

Most deposit disputes in England are about the same few things: cleaning, marks on walls, carpets and missing items. The rules are fairly clear. Your deposit must be protected, deductions must be justified, and if you can't agree there is a free dispute service. What decides most cases is evidence: what the home looked like when you moved in, and what it looked like when you left.

This guide covers England. Wales, Scotland and Northern Ireland have their own rules, summarised near the end.

1. Check your deposit is protected

Under the Housing Act 2004 (sections 212 to 215), a landlord who takes a deposit for a tenancy must protect it in a government-authorised scheme. The landlord or letting agent must do this within 30 days of receiving the deposit (section 213, GOV.UK).

There are three approved schemes in England and Wales:

• Deposit Protection Service (DPS);
• mydeposits;
• Tenancy Deposit Scheme (TDS).

Within the same 30 days, the landlord must also give you the "prescribed information". GOV.UK lists what it includes: the address, how much deposit you paid, how it is protected, the scheme's name and contact details and its dispute service, the landlord's or agent's details, why they might keep some of the deposit, and what to do if there is a dispute (GOV.UK).

If you are not sure whether your deposit is protected, GOV.UK says to contact one of the schemes and ask (GOV.UK).

What changed in May 2026

Under the Renters' Rights Act 2025, most assured shorthold tenancies in England became assured periodic tenancies on 1 May 2026 (GOV.UK). The deposit protection sections of the Housing Act 2004 were amended to refer to assured tenancies from that date, so the duty to protect your deposit continues (legislation.gov.uk). The 30-day deadline did not change.

2. Check the amount was allowed

The Tenant Fees Act 2019 caps tenancy deposits in England (Schedule 1, paragraph 2):

One week's rent is the annual rent divided by 52. Anything above the cap is a prohibited payment. For example, at £1,200 a month the annual rent is £14,400, a week is about £276.92, and the cap is £1,384.62.

3. Use your check-in inventory

The check-in inventory, or check-in report, is the record of the home's condition on the day you moved in. It is the baseline for every deduction. If it is missing, vague or unsigned, that matters.

Before you move out, find:

• the check-in inventory and any comments you sent back on it;
• your own photos or video from move-in;
• emails or messages where you reported repairs during the tenancy.

Citizens Advice lists photos of the property when you moved out, copies of the check-in and check-out inventories, cleaning receipts and records of reported repairs as useful evidence for a dispute (Citizens Advice).

4. Fair wear and tear

Citizens Advice says a landlord or letting agent can't take money from your deposit for reasonable wear and tear, meaning things that gradually get worse or need replacing over time, for example paintwork or a piece of furniture (Citizens Advice).

In practice, the questions are: how long you lived there, how old the item was, and whether the change is normal use or damage. Light scuffs and a carpet worn in a walkway after several years usually point to wear. A burn, a stain from a spill or a broken fitting usually point to damage.

5. At check-out

1. Clean and empty the home before you photograph it. Empty rooms show floors and walls properly.
2. Attend the check-out inspection if there is one, and ask for a copy of the check-out report.
3. Photograph every room, plus meters, keys and anything listed in the inventory. Shelter suggests making a video on the day you move out (Shelter).
4. Give a forwarding address in writing and ask for your deposit back.

6. Agree deductions in writing

If the landlord or agent proposes deductions, ask for them itemised with the reason and cost of each. Reply in writing, item by item. Accept what is fair and dispute the rest.

Once you both agree how much you will get back, the landlord must return the deposit within 10 days (GOV.UK).

7. If you can't agree: the scheme's dispute service

Each scheme has a free dispute resolution service, often called ADR. Key points:

• You don't have to use it, and both you and the landlord must agree to it (GOV.UK).
• Both sides send evidence, and the decision is final.
• While the dispute runs, the deposit stays protected in the scheme.
• Citizens Advice says you will usually have to make your claim within 3 months of moving out (Citizens Advice). GOV.UK says there may be a time limit and to contact the scheme as soon as possible. Check your scheme's own rules.

If the landlord refuses to use the dispute service, Citizens Advice says you can go to court instead.

8. If your deposit was not protected

If the landlord did not protect the deposit or give you the prescribed information on time, you can apply to the county court. Under section 214, the court must order the landlord to pay you not less than the amount of the deposit and not more than three times that amount. It can also order the deposit to be repaid or paid into a scheme. You can apply after the tenancy has ended too.

GOV.UK says writing to the landlord first can be quicker and cheaper, and gives the court fee as £387, which you can claim back if you win (GOV.UK).

Wales, Scotland and Northern Ireland

In Wales, tenancies are occupation contracts under the Renting Homes rules, and Shelter Cymru and Citizens Advice give free help. In Scotland the schemes are Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland. In Northern Ireland the schemes are TDS Northern Ireland and mydeposits Northern Ireland, and nidirect says a council can fine a landlord three times the deposit for missing the deadlines.

Make the photos count

A deposit scheme looks at evidence from both sides. Photos on your phone have a date, but one you can change. What helps is:

• a time set by someone other than you;
• proof the photos have not been edited since;
• all of them in one place you can send.

That is what Handback adds. You take the photos in the app at check-in and check-out. Each one is fingerprinted with SHA-256 and the fingerprint is timestamped by our server. You send one link, and the landlord, the agent or the scheme adjudicator can check it without an account.

Sources

• legislation.gov.uk, Housing Act 2004, section 213. legislation.gov.uk
• legislation.gov.uk, Housing Act 2004, section 214. legislation.gov.uk
• legislation.gov.uk, Tenant Fees Act 2019, Schedule 1. legislation.gov.uk
• GOV.UK, "Tenancy deposit protection". gov.uk
• GOV.UK, "Tenancy deposit protection: information landlords must give tenants". gov.uk
• GOV.UK, "Tenancy deposit protection: disputes and problems". gov.uk
• GOV.UK, "Tenancy deposit protection: if your landlord does not protect your deposit". gov.uk
• GOV.UK, "Deposit protection schemes and landlords". gov.uk
• GOV.UK, "Renters' Rights Act overview for tenants". gov.uk
• Citizens Advice, "Getting your tenancy deposit back if you rent privately". citizensadvice.org.uk
• Shelter England, "Evidence for a deposit dispute". england.shelter.org.uk
• Welsh Government, "Deposits: guidance for tenants". gov.wales
• mygov.scot, "When your tenancy deposit must be protected". mygov.scot
• nidirect, "Tenancy Deposit Scheme: information for tenants". nidirect.gov.uk