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What can a landlord keep from your deposit?

Unpaid rent and bills

Your landlord can keep your deposit for unpaid rent.

Use bank and benefit statements, a rent book or emails to prove what you have paid.

Using a deposit for your final month's rent

Some tenants decide not to pay the rent for the last month of their tenancy. For example, because they worry they will not get their deposit back on time.

You should pay your rent on the normal date unless you agree something else with the landlord. If you do not pay it, your landlord can keep your deposit to cover the rent.

You could ask the landlord to let you off the last month's rent and keep the deposit instead. For example, if you need to pay up front costs for your new home.

The landlord does not have to agree to this. Get it in writing if they do agree.

Rent if you leave without ending your tenancy

You are responsible for paying rent until your tenancy ends legally.

This means you might be responsible for rent until:

  • new tenants move in

  • your fixed term ends and all tenants move out

  • the tenancy ends by agreement with your landlord

  • you end a rolling tenancy with a tenant's 'notice to quit'

You will probably lose some or all of your deposit if you leave without ending your tenancy.

Find out more about leaving a tenancy early or without notice.

Fees for late or unpaid rent

Check your tenancy agreement to see if your landlord can charge for late or unpaid rent.

Your landlord can only charge a fee if your:

  • rent is at least 2 weeks late

  • agreement says the landlord can charge

Late fees could be taken from your deposit or your landlord could go to court to get them back.

Unpaid utility bills

Your landlord can only withhold your deposit for unpaid bills if it has cost them money.

For example, if the gas company installed a prepayment meter and your landlord has to pay to change it back before they rent out the property again.

Your landlord cannot keep your deposit just because you have not paid your final energy bills. Your debt is to the energy company not the landlord.

But unpaid bills might delay the return of your deposit so try to get up to date.

Contact your energy and water suppliers at least 2 days before you move out. Tell them:

  • the date you are leaving

  • your new address so they can send you a final bill

Take photos of final meter readings on the day and send them to the energy company.

Find out about help if you're struggling with energy bills.

Still need help?

The deposit protection schemes offer free dispute resolution if you cannot agree the return of your deposit with your landlord or agent.

Last updated: 6 May 2024