Can my landlord keep my deposit?
Not without a valid reason — your landlord can't simply keep your deposit. On an assured shorthold tenancy, the deposit must be protected in an approved scheme within 30 days (Housing Act 2004), and the "prescribed information" given in the same period. Deductions are lawful only for specific, provable reasons: rent arrears, damage beyond fair wear and tear, missing inventory items, cleaning back to the check-in standard, or unpaid bills you owed. The landlord must evidence every deduction with an inventory, check-out report, photos and receipts. The deposit (less agreed deductions) should be returned promptly (typically within 10 days of agreeing the amount), and any dispute can go to the scheme's free adjudication. If the deposit was never protected, the landlord is generally barred from keeping it and may owe a penalty. In short: only for genuine, evidenced reasons.
📋 The rules
- Deposit protected in a scheme within 30 days
- Deductions only for arrears or genuine damage
- Fair wear and tear can never be charged
- Landlord must evidence each deduction
- Disputes go to the scheme's free adjudication
🔓 Exceptions
- Lodgers and live-in-landlord tenants aren't covered by protection
- Deposit cap: 5 weeks' rent (under £50,000/yr) or 6 weeks (£50,000+)
- Scotland: protect in 30 working days; NI: 28 days
⚠️ Penalties & fines
The big penalty falls on a landlord who fails to protect the deposit: you can claim in the County Court for 1× to 3× the deposit (at the court's discretion), and the deposit must also be returned or protected. A landlord can't serve a valid no-fault eviction notice while the deposit is unprotected. The deposit cap (Tenant Fees Act 2019) is 5 weeks' rent (or 6 weeks if annual rent is £50,000+); charging a prohibited payment risks a fine up to £5,000, rising to £30,000 for repeat breaches. Beware a myth: "the landlord can keep the deposit for normal wear and tear" is false — faded paint and lightly worn carpet are fair wear and tear and can never be deducted; only excessive damage can. (Scotland and NI use their own schemes and timings.) If your deposit is withheld: ask for an itemised, evidenced breakdown and use the scheme's free dispute service.
📎 Official sources
- GOV.UK — tenancy deposit protection →
- Tenant Fees Act 2019 — Schedule 1 →
- Citizens Advice — getting your deposit back →
❓ Frequently asked
Can my landlord keep my whole deposit?
Not without valid, evidenced reasons. A landlord can only deduct from your deposit for specific things like rent arrears, damage beyond fair wear and tear, missing items or cleaning back to the original standard. They must prove each deduction. The rest must be returned, and you can dispute deductions through the scheme's free adjudication.
What counts as fair wear and tear?
Fair wear and tear is the normal deterioration from ordinary living — faded paint, lightly worn carpets, small scuffs. A landlord can never charge you for this. They can only deduct for excessive or avoidable damage, such as broken fittings, stains, or burns, beyond what would be expected from reasonable use over the tenancy.
Does my deposit have to be protected?
Yes, on an assured shorthold tenancy. Your landlord must protect your deposit in a government-approved scheme — TDS, DPS or mydeposits — within 30 days of receiving it, and give you the prescribed information. Lodgers and tenants of live-in landlords are exceptions. If it isn't protected, the landlord faces a penalty and can't use a no-fault eviction.
What if my landlord didn't protect the deposit?
If your landlord failed to protect your deposit within 30 days, or didn't give you the prescribed information, you can make a claim in the County Court. The court can order the landlord to pay you between one and three times the deposit amount, and the deposit itself must be returned or protected. This is a significant penalty.
How do I get my deposit back?
At the end of the tenancy, the landlord should return your deposit, less any agreed deductions, promptly — usually within 10 days of agreeing the amount. If you disagree with deductions, you don't have to go to court: you can use your deposit scheme's free dispute resolution service, which holds the disputed money and decides based on the evidence.
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