Getting an unprotected deposit back

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Landlords are only entitled to keep a deposit (or part of it) if they can show that they have lost out financially because of your actions. You can negotiate or take your landlord to court if it's withheld unfairly.

From 6 April 2007, if you pay a deposit for an assured shorthold tenancy to a private landlord or letting agent, the deposit must be protected by a tenancy deposit scheme. This section only applies to deposits that are not covered by a scheme.

Negotiating on deposits

If you have problems getting your landlord to return your deposit at the end of your tenancy, the first step is to try to negotiate with her/him.

Going to court to get a deposit back

If your landlord refuses to negotiate about your deposit, the next step is to take her/him to court. This is quite straightforward.

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