What is a rent deposit?

A rent deposit is chunk of money paid by a tenant at the start of a tenancy to the landlord as security against damage, unpaid rent, or other breaches of the tenancy agreement.

Your deposit should be protected in something called a deposit protection scheme. If you are a lodger, or if you are living in university halls this will not apply to you.

If you’re unsure you can use Shelter's tenancy checker to find out what type of tenancy you have.

Landlords don’t have to take a deposit, but if they do, it must be protected in a government-backed scheme within 30 days. They should also provide you with the ‘prescribed information’ about this, which includes:

• the amount of the deposit
• the address of the property you are renting
• the name, address and contact details of the administrator of the tenancy deposit scheme with which the deposit is held
• the name, address and contact details of the landlord and tenants and any third parties who have contributed to the deposit, for example your parents 

Your deposit should be limited to 5 weeks rent (6 weeks if rent is more than £50,000 a year) charging any more than this amount is illegal.

• If you realise that you have overpaid a deposit, you can talk to your tenancy deposit scheme and ask them to reduce the amount and repay you the difference.
• If your landlord hasn’t protected your deposit, you can take legal action to ask them to do this, or to get your deposit back.

If you take legal action, the court could order them to repay up to three times your deposit. They may also be unable to evict you until your deposit is returned. For more information, visit the government website.

My landlord has deducted money from my deposit, is that allowed?

If your landlord has decided to deduct money from your deposit after your tenancy has ended, and you disagree with their decision to do this, here’s what we advise you to do.

Remember, the deposit is your money. If your landlord has decided to keep any of it, it’s their responsibility to demonstrate that it is reasonable, fair and legal.

The first thing you should do, is write to your landlord and let them know that you disagree. Ask for them to provide invoices and receipts for the things your money has been used to pay for. Use this template from Shelter.

Make sure you gather evidence that they’ve received your letter/email. For example, you could send an email or use recorded delivery if sending it by post. Your landlord then has 10 days to respond.

Disputing your landlord deductions can be time-consuming and requires confidence, but there’s a clear process to follow and the outcome can be worthwhile.

What can landlords deduct money for?

You’ll find helpful information about what your landlord can and can’t deduct from your deposit on Shelter's website.

Remember it’s important to know that your landlord cannot legally deduct money if:

• They have not lost money, for example for unpaid rent or bills, or because they insist that you use professional cleaners when you’ve cleaned the property to the required standard.
• They are asking you to pay for “normal wear and tear” Landlords must accept normal signs of wear and tear (but this doesn’t include things like carpet stains or Blu Tack marks on walls).
• Using your money would improve the condition of the property or increase its value. This is known as “betterment”. Your landlord must not end up in a materially or financially better position at the end of the tenancy than they were at the start.

Check out these three deposit protection schemes which have detailed information online about reclaiming your deposit (and their free dispute resolution services):

Deposit Protection Scheme (DPS) website.

Tenancy Deposit Scheme (TDS) website.

Mydeposits.

If you have other questions or would like to make an appointment to meet an advisor, either at the Students’ Union on the 5th Floor of Senate House, or on Teams, please complete an enquiry form and we’ll be in touch!